Hello I have a question regarding some charges I face. I shall first off say that as a juvenile prior to turning age 18 I was convicted of a felony for a theft charge. Now more than 10 or 11 years later I am facing a few felony charges. My juvenile convictions are no longer a part of me and I come up as a person with no prior convictions and having a clear record with no prior offenses. However currently I have made some not so good mistakes in which I am looking at auto insurance fraud in which I had tried to look for an auto insurance policy to cover damages to our vehicle in which the damages did not occur during the time of our insurance policy. However as I knew that what I was doing was wrong I called the auto insurance provider to have our auto insurance policy canceled immediately (maybe a day or under 24 hours since the time of purchasing). This resulted in no payout of any sort from the insurance company. I should also go into a bit of detail as this prompted questioning by state AG investigators in which they have me on recording admitting to having made an "attempt" of insurance fraud. I knew I was being recorded and was fully aware of my wrong doing however I used the word "attempt" claiming that I admit to having made an "attempt" of insurance fraud. Now this being said it was somewhat not good enough for the state AG investigators that they had gone about committing some fraud of their own by modifying our canceled out insurance coverage more than 6 or 7 months since the time of cancelations to reflect a falsified vehicle damage assesment and parts lists with prices, as well as vehicle damage photos that were in fact obtained from a previous insurance company. Their falsified statements go so far and beyond that they also claim my vehicle was in a whole other location at a shop that is no where near me that had supposedly done the vehicle damage assements which is completely false and I have full proof of. Any how buttom line is I never costed, nor collected any money from the said auto insurance company. Now through this time I had made two other mistakes which has lead me to having 2 pending theft charges. One theft charge in the amount of $5500.00, and another in the amount of $500.00. However both people in which I had obtained their hard earned money from were paid back in full just over a year ago. So far I have not been charged of any of the above but face charges unless my public defender and I come up with some sort of agreement or "plea bargain" with the prosecutors office regarding the charges I face. But as things currently sit I do not owe any money to any victims being the 2 victims were paid back in full a year ago, and I have not costed or received any kind of money from the said auto insurance mistake I have committed. Could some folks please share some input on the kind of sentencing I could be facing for the said pending charges mentioned above? and also if I could be facing jail time even though I currently have a clean record and don't owe any money to anyone? I am afraid of having jail time for my mistakes. I have also asked my public denfender if she could see if the prosecutors could look into some sort of house arrest or electronic monitoring option given I also have a daily job. I am very concerned and afraid. I know that the things I've done were wrong but mistakes happen and for the ones that you can't go back and correct or fix you must live and learn from. Please help with any and all info given the provided info above.
Answer by Antonio Gimbernat
Not VerifiedHawaii lawyer
Posted over 6 years ago
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