Summary
The user is facing a felony charge for obtaining property by false pretense in North Carolina. The charge arose from an incident where the users friend used the users ID to sell a stolen phone. The user claims they had no knowledge of the phone being stolen and did not benefit from the sale. The users friend, who was also charged, was willing to testify on the users behalf, but was arrested. The users case is pending in McDowell County Courthouse.Full Conversation
I'm facing a felony charge obtaining property by false pretense
What were the circumstances leading to this charge? In North Carolina, obtaining property by false pretense is a Class H felony. Penalties can include imprisonment, fines, or both.
A friend of mine had a cell phone he wanted to take to Walmart and put it in the eco ATM machine at Walmart and sale it for gas money his id was expired so he ask to use mine I let him the machine ask for my picture so I took picture well the phone came BK stolen they arrested me
Did you know the phone was stolen when you allowed your friend to use your ID?
In North Carolina, knowledge and intent are key elements in a charge of obtaining property by false pretenses.
No
Did you have any reason to suspect that the phone might have been stolen?
No
Did you receive any money or benefit from the sale of the phone?
In North Carolina, to be convicted of obtaining property by false pretenses, the defendant must have intended to deceive and received some benefit.
No he got * for gas
Did you have any agreement with your friend to share the proceeds from the sale of the phone?
No
Did you have any prior knowledge or involvement in the theft of the phone?
No I was in jail when phone was reported stolen
Were you able to provide any evidence to prove that you were in jail when the phone was reported stolen?
In North Carolina, providing evidence of your whereabouts during the time of the alleged crime can help in your defense.
I can
That's good. Have you shared this evidence with your attorney? It's crucial to present this in your defense.
Yes see my friend came to court with me and was going to tell the judge I didn't know phone was stolen and I was just helping him out by letting him use my id at my probable cause hearing but the day had me sign a paper waving right for probable cause and take it to superior and the same night they arrested my friend for the same charge I got
What was the outcome when your case was taken to the superior court?
I don't have court for that til November
What is the name of the court where your case will be heard in November?
Mcdowell county courthouse
What is your attorney's plan for your defense in the upcoming court hearing?
McDowell County Courthouse is located at * S Main St, Marion, NC *. Phone: (*) *-*.
I don't know how cai prove my innocence
What evidence or witnesses do you have that can support your claim of innocence? In North Carolina, evidence of lack of knowledge or intent can be crucial in a defense against a charge of obtaining property by false pretenses.
They arrested my witness
What is the reason for your witness's arrest?
He got charged with the same charge asl me
What is the name of your friend who was also charged?
Wesley Matt Webb
What is the current status of Wesley Matt Webb's case?
Just got arrested last night
What is the name of the attorney representing you in this case?
Reef
What is the full name of your attorney?
TRY ME!
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