VIC Charged with fraud - diversion possible?

[jessica.smith101]

Hello, so I got charged with fraud and obtaining funds by lying because I had an online account where I would sell clothes to girls and never send the item. I did it on and off since 2016 and completely forgot about the past ones but recently I made an account and did it again using photos and the name of someone I knew and one of the girls I sold the items to has pressed charges. I have one caution for using someone else's card when I was 16 (I'm 20 now) otherwise I have no criminal history. I have given the police my phone, computer and passwords and was just wondering what my options were - whether I'm eligible for a diversion or if I'm definitely going to get a criminal record.


I explained the the officer in person and on my tape that I did it because my mom never supported me and refused to feed me which is part of why I did it all but also said I understand it was wrong. I also messaged one girl trying to get her to not press charges and said it was mainly my sister who it all to her and the police have the copy of those messages.


The girl whose name I used has not pressed charges and I have tried to return the funds to whoever I could get into contact with, the police officer who charged me ha also said he can try to get the details of the people I scammed, however there's not much I can do otherwise. He also said I MAY be eligible for a diversion but didn't guarantee anything


I live in Victoria Melbourne if that changes anything

 

[Iamthelaw]

Depends on the actual charge/charges you're facing and the amount involved.

I imagine you've been charged with obtaining financial advantage/property by deception - The fact you have had a caution won't effect your ability to obtain diversion and generally, this type of charge can be dealt with by way of diversion - However:

There's a number of conditions that must be met in order to obtain a diversion, particularly the consent of the informant (police). Also, if the amount ($) is relatively high and the offending occurred over a long period of time this would lessen your chances of a diversion. By what you've written I suspect you could be charged with multiple counts, this would also lessen the chances. Lastly, another key feature to the diversion program is that usually making restitution to victims.

What exactly have you been charged with?
Have you been charged with multiple offences?
What is the total $ amount?

I also messaged one girl trying to get her to not press charges and said it was mainly my sister who it all to her and the police have the copy of those messages.

Also, do not do this - Depending on how you word this it could result in further charges for you.

 

[jessica.smith101]

Depends on the actual charge/charges you're facing and the amount involved.

I imagine you've been charged with obtaining financial advantage/property by deception - The fact you have had a caution won't effect your ability to obtain diversion and generally, this type of charge can be dealt with by way of diversion - However:

There's a number of conditions that must be met in order to obtain a diversion, particularly the consent of the informant (police). Also, if the amount ($) is relatively high and the offending occurred over a long period of time this would lessen your chances of a diversion. By what you've written I suspect you could be charged with multiple counts, this would also lessen the chances. Lastly, another key feature to the diversion program is that usually making restitution to victims.

What exactly have you been charged with?
Have you been charged with multiple offences?
What is the total $ amount?


Also, do not do this - Depending on how you word this it could result in further charges for you.

I was charged with obtaining financial advantage but deception I'm pretty sure. He said I need to appear before court but I do possibly have a chance for a diversion but depends on the court. One person pressed charges and the police looked into my account and noticed it all, he said he was contacting all the victims and could provide me with their details to return the funds but that's all he said.
I'm only being charged with that one I think ?? Not sure, I know one person pressed charges but I think I might be being charged with obtaining financial advantage from all of it - the amount isn't much, perhaps 800 MAX, most likely less as it was just selling random clothing/makeup, spanning from 2016 to now, all offences happening a few months between each item. It was all done just on selling apps such as Carousell or Gumtree. He also said that the fact that i have been very cooperative is good.

 

[jessica.smith101]

I've returned funds to everyone I could get in contact with - should I call the officer to ask for the other details of who he can contact? It's just hard because its from a while ago so I dont have their details.

 

[Tony Danos]

Depends on the actual charge/charges you're facing and the amount involved.

I imagine you've been charged with obtaining financial advantage/property by deception - The fact you have had a caution won't effect your ability to obtain diversion and generally, this type of charge can be dealt with by way of diversion - However:

There's a number of conditions that must be met in order to obtain a diversion, particularly the consent of the informant (police). Also, if the amount ($) is relatively high and the offending occurred over a long period of time this would lessen your chances of a diversion. By what you've written I suspect you could be charged with multiple counts, this would also lessen the chances. Lastly, another key feature to the diversion program is that usually making restitution to victims.

What exactly have you been charged with?
Have you been charged with multiple offences?
What is the total $ amount?


Also, do not do this - Depending on how you word this it could result in further charges for you.

I agree with Iamthelaw. I suggest you engage a lawyer.