David Edward Boyle's answer Possession of a forged card is a crime if there was intent to defraud someone. The use of the card is an additional crime of financial transaction card fraud, also a felony.
Michael Charles Cimasi's answer It wholly depends on the facts and circumstances surrounding the alleged crime, the harm to any victims, the ability to make restitution, and the defendants criminal history (if any). But, in short, yes. Defendants can and are routinely sentenced to jail on white collar matters. Get a lawyer sooner than later.
Mark R Petersen's answer If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.
Determination of jurisdiction and the ability to serve an out of state resident with a Summons can be tricky. As a result, I would highly suggest you meet with an attorney and review the facts to make a final determination if jurisdiction...
Richard Samuel Price's answer You should ask your attorney about an 850 petition to determine what assets are, or are not, in your grandma's estate. This is a lawsuit to determine whether the house is yours or your grandmas.
Eric Steven Day's answer Your required minimum distributions are determined on an annual basis. Therefore, if you took the distribution last year and are trying to include that distribution as part of your required minimum distribution for the following year, it won’t work. There is a different equation that is used when determining the RMD every year. That being said, you can withdraw the amount anytime throughout the year as long as it is the required amount.
Terry Lynn Garrett's answer A person suffering from dementia usually has a doctor's diagnosis. When dementia is first diagnosed, the person likely still has legal capacity to sign a Will, a Medical Power of Attorney and similar documents. Whether the person still has legal capacity to sign a Durable Power of Attorney varies.
Whether your father had legal capacity to sign the documents at the time he signed them cannot be assessed without reference to his medical records.
That's a lot of questions. Off the bat, I recommend that you speak with a lawyer right away about how to defend your self. But here is some basic information to help you make that consultation more efficient. I'll also provide some information about how to find a lawyer below.
If the intervening parent between you and your grandmother is deceased, then you would be an intestate heir to your grandmother. Unless the relationship is broken by a a step-child/step...
Kiele Linroth Pace's answer This is a situation in which the contractor has potential civil liability to you and criminal liability to the state.
In criminal cases, the alleged victim can't really "drop the charges" and make the case magically disappear like on TV. You can tell the police and/or prosecution that you hope they dismiss the case, that you don't want to cooperate, and that you will not VOLUNTARILY testify in court... so you could agree to do those things but YOU could be committing a crime yourself...
Michael Arbeit's answer There is no expungement in NY, but there is now sealing for different convictions if you meet certain criteria. The new law is under CPL 160.59. I would suggest consulting with an experienced criminal defense attorney about your matter.
Terrence H Thorgaard's answer Do I correctly assume that you do know the person who used your last name? It's hard to guess what sort of ID that the bondsman required; probably not a good idea to ask unless you want your bond to be cancelled.
Terrence H Thorgaard's answer Was the data work-related, or was it you personal information? If it's personal, does your employer allow such data to be stored on work computers? And finally, is the data commercially valuable, or simply something you consider private and perhaps embarrassing?
If it's company-owned data with a value to another company, you should probably report the theft to your employer. If not, you might do well to do nothing, other than to take steps to ensure that the data is more secure and,...
Cary B. Hall's answer If you are charged with a crime and there is a search warrant involved, you will get a copy of it -- as well as the inventory list of items seized -- from the District Attorney's Office when they forward their "discovery" to you. That happens at the Court of Common Pleas level, and you're not entitled to it until your case reaches that point. You have no right to know about the search warrant before it's executed -- frankly, that would obliterate the whole point of a search warrant, since...
Dmitry Gorin's answer You need to privately consult with a criminal defense lawyer in your area to review the details and options. Use Justia or Google to search for local law firms and make a few calls. Good luck.
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