What should I do after being charged with with a felony AUO? 2 Answers as of March 28, 2011I've been charged with a felony AUO after a car accident from July 17, 2010. I did have a suspended license for months for past due fines to the DMV, but I paid them in full on July 13, 2010 (I did not have the receipt on me at the time of the accident). I went to the DMV after my arrest with the receipt that I had at home. The DMV had put the wrong date for payment (July 22) which made the AUO charge legitimate. After showing them the receipt, the DMV investigated and concluded that they had put the incorrect date and changed it to July 13 (clearing me of the AUO).
I was later charged with ANOTHER felony of forgery for allegedly using a doctored receipt to convince the DMV to change my driver's abstract in the first place. I called the DMV and they again confirmed that my license was valid and directly faxed the abstract to the Judge.
The D.A. stubbornly insists I "must have a friend" at the DMV, claims he has an original receipt showing I paid my fines on a different date (but refuses to supply this evidence when Discovery was requested), and claims he has a witness that heard me "bragging about forging paperwork" (again, he has not provided any grounds for this yet). This sounds painfully desperate and weak on his part yet I have been indicted on these charges. I do have a lawyer but I'm still very concerned that this D.A. is corrupt and fabricating evidence. Why would he go through all this trouble if he'd lose in court?
I thought a drivers abstract was considered a vital legal document... shouldn't that alone have gotten both my charges dropped by now?? My lawyer told me I need to get another receipt from the DMV (since I lost my copy) but they told me they don't have anything on record, yet the D.A. keeps claiming he DOES have a receipt...? It doesn't make any sense to me. I'm very confused. Should I be worried about this?? What more can I do?? (I have no criminal history aside from two unrelated violations).
Law Offices of John Carney | John Carney
It would be inappropriate for me to advise you on how to handle your case as you are currently represented by counsel. I would suggest that you discuss the situation with your attorney and make sure that he is an experienced criminal attorney who can handle your case. If he has advised you to get the receipt you should follow his advice. It is better for you to accomplice this task as you are the one who is entitled to a duplicate receipt if you lost the original.
Answer Applies to: New York