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Can I File Criminal Charges?
I Lent Out Money To An Old Friend Over 4 Years Ago. I Never Got Paid Back. I Have Proof Now That He Used The Funds For Something Other Than What We Had Agreed. I Have Read That That Is Fraud. Can I Still File Charges Against Him Even Though Its Been A While. This All Tool Place In California.
To answer the question: no, you cannot file criminal charges. That is because no individual can ever file criminal charges in the United States. A criminal charge would have to be filed by the prosecuting attorney. If your friend actually embezzled your money (meaning you voluntarily gave it to him, but he then misappropriated it), you could report this to the police and/or the prosecutor. (I doubt that this was an embezzlement or any other criminal fraud.) If this involves a large sum of money, it is POSSIBLE that the statute of limitations has not run, since the statute for felony fraud offenses is four years, and dates from discovery of the fraud.
However, there is not enough information here for me to know for sure whether or not this was actually an embezzlement, but I doubt it. In the context of a loan, you would have to show that he had the intent not to repay the money when he got it, which would probably be impossible to prove. Moreover, any prosecutor would be leary of a charge where the money was transferred so long ago. I therefore tend to agree with the suggestions here that you think about civil remedies to get your money back, if you are entitled to that.
Criminal Defense Lawyer Giving Legal Advice For Custody Matters?
My Ex & I Will Be Going To Court For Custody Issues. I Recently Found Out His &Quot;Attorney&Quot; Is His Aunt, A Pre-Law Graduate Specializing 100% In Criminal Defense. I Know No One Can Know How Much She Knows About Family Law, But In General Do Criminal Defense Attorneys Really Know Enough? I'Ve Heard For Custody Matters It'S Fairly Imperative To Have An Attorney Specializing In Family Law. Just Wanting To Know What I'M Up Against.
there is no pre-law major (she most likely majored in history, politics, english, or liberal arts)...therefore, at this stage, she doesn't know jack about much at all in the legal arena...besides which, she can't legally represent him in court without a license to practice law in your state.
Question For Child Support Lawyers?
Can The Father Of A Child, That No Longer Wants Anything To Do With The Child Or The Mother And Pays Child Support, Get His Rights Removed From The Child? And If So, How? If So, Would He Still Have To Pay Child Suport?
The dad can try filing a Petition for Termination of Parental Rights for himself, but "I just wanna get out of payin' support" is generally not considered a good reason to grant TPR. If you get married and your new hubby does a step-parent adoption, that might do it. Also, if your child gets placed into foster care, dad may be able to do a voluntary entrustment to social services in order to pave the way for an adoption by a foster family. Be advised: the law on TPR varies from state to state. Google your state code to check yours.
Need A Good Lawyer In Southern Ontario (Toronto)?
I Am Looking For A Lawyer That Can Help Us Have A Will Settled That Is In Trinidad And Has Not Been Settled For 7 Years. We Are Near London Ontario But Would Be Willing To Hire Anyone That Has The Experience In Southern Ontario. Any Recommendations Would Be Appreciated!!
Lawyer Referral Service: 1-800-268-8326
Gets you a free half-hour consultation. Hopefully you can get an Estates lawyer with some experience with foreign jurisdictions.
For A Ca Attorney: Re Traffic Court Motions?
So, I Got A Stupid Speeding Ticket And Yea, I Was Probably Speeding. That Not Withstanding: A Few Years Ago I Had A Traffic Ticket (2009 To Be Exact) And The Most Amazing Thing Happened While I Was Waiting To Be Called.
One Of Those Shady Traffic Ticket Attorneys Represented A Case And Had It Dismissed Almost Instantly With A Motion For Dismissal. This Is How It Went Down:
The Cop Rested His Case And The Attorney Said &Quot;Motion For Dismissal Based On Ca Penal Code Xxx&Quot; The Judge Instantly Said &Quot;Motion Granted Case Dismissed&Quot; And The Confused Looking Cop Was Asked By The Judge &Quot;Do You Understand What Happened?&Quot; The Cop Said No So The Judge Explained &Quot;He Said You Failed To State On Such-And-Such A Time And On This Date I Was In Uniform And Identified Myself As A Peace Officer To The Person I Recognize Now As The Defendant&Quot;
What Is That Penal Code That Requires Such A Statement? Must It Be Made At The Time Of Issuance Of Citation Or In Court During Testimony?
What Are Some Other Common Motion For Dismissals For Technicalities Like The Preceeding Example In Ca Traffic Court?
Any Assistance Is Appreciated, What Is Not Appreciated Are Comments From A Non Attorney Like &Quot;If You Were Speeding Pay The Fine&Quot; Or &Quot;Don'T Speed And You Won'T Have To Ask Questions Like These&Quot;
I Just Finished My Emt Class And I'M Working On My Dmv Ambulance Driver'S Licence And This Would Affect Employment Prospects For The Next Several Years While I Wait For It To Roll Off.
Thanks For Reading And Responding!!
First, Max is absolutely right--go to traffic school and don't try to avoid a ticket by a technicality which is in all likelihood NOT going to happen in your case.
My guess is that the attorney moved for an acquittal under Penal Code section 1118.1 (he may just have said 1118), which requires to the judge to grant an acquittal if the prosecution has not presented evidence on every element of a charged offense. However, the basis given for the dismissal in this case--that the officer did not identify himself as an officer--would be valid only if the defendant's knowledge that the person was an officer was relevant, as in, for example, an interfering with an officer charge.