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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| FALSE REPRESENTATION (FALSE PRETENSES) |
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What is False Representation (False Pretenses)? |
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False representation is making a misrepresentation to someone, them relying on it, and them giving you their property because of it. |
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Examples:
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Penalties:
the penalties for false representation depend on the value of the property.
Value of $20,000 or more: up to 10 years in prison and/or $15,000 Value of $1,000-$20,000: up to 5 years in prison and/or $5,000 Value of $200-$1,000: up to 1 year in jail and/or $2,000 Value of less than $200: up to 93 days in jail and/or $500
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What Defenses Are There? |
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Title did not pass: |
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For false representation title and possession must pass to the person who made the false representation. If title does not pass only a larceny has been committed. |
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No knowledge of falsity: |
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The defendant did not know the fact given to the complainant was false. |
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No reliance by victim: |
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The victim did not rely on the false representation when making their decision to pass title and possession. |
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Jury Instruction |
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The defendant is charged with the crime of obtaining [property / money] by false pretenses. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: First, that the defendant used a pretense. Second, that the defendant knew that the pretense was false at the time he used it. Third, that at the time he used the pretense, the defendant intended to defraud or cheat someone. Fourth, that another person relied on the defendant's pretense. Fifth, that by relying on this pretense, this person suffered the loss of something of value. Sixth, that the amount lost had a fair market value at the time it was taken of: [Choose only one of the following unless instructing on lesser offenses:]
$20,000 or more. $1,000 or more, but less than $20,000. $200 or more, but less than $1,000. some amount less than $200.
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Why Should You Hire the Ambrose Law Group? |
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Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.
We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.
You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.
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Related Topics
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