Pending charges of theft and insurance fraud.

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.

Asked almost 7 years ago in Hawaii
Categories: Criminal Law  General Legal Questions  Insurance

Answer Now

Antonio Gimbernat

Answer by Antonio Gimbernat

Not VerifiedHawaii lawyer

Perhaps the following will help answer your question:

§708-831  Theft in the second degree.
(1)  A person commits the offense of theft in the second degree if the person commits theft:    (a)   Of property from the person of another;    (b)   Of property or services the value of which exceeds $300;    (c)   Of an aquacultural product or part thereof from premises that is fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows:  "Private Property"; or    (d)   Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows:  "Private Property".  The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line.  Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen.    

(2)  Theft in the second degree is a class C felony.  A person convicted of committing the offense of theft in the second degree under [subsection (1)](c) and (d) shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater.

Hawaii Revised Statutes > Division 5 > Title 37 > Chapter 706 > Part IV > § 706-660 - Sentence of imprisonment for class B and C felonies; ordinary terms

Current as of: 2010

 A person who has been convicted of a class B or class C felony may be sentenced to an indeterminate term of imprisonment except as provided for in section 706-660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders.  When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be as follows:    

(1)  For a class B felony--10 years; and    

(2)  For a class C felony--5 years.The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. 

I hope this Scares you Straight. Aloha 8)

Posted almost 7 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Antonio Gimbernat, or search the Lawyer Directory.

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