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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I plead guilty to one count wire fraud, amount of $180K. I

Customer Question

I plead guilty to one count wire fraud, amount of $180K. I have a 7 year old special needs child. My daughter has numerous medical issues, and receives medical treatment daily. My husband is unable to care for my daughter alone. Two people are required to meet all of her needs. My husband could move my daughter in with his folks', but they live in a rural area, and medical services are limited. My husband and I are having a rough time with our relationship, due to all the stress. I am not working due to ovarian cancer, with treatments starting next month. I could really use some sound advice. Should I go ahead and divorce my husband, and give him the house? Since I am not working I have no income other than unemployment (which is still pending). I would greatly%
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Joseph replied 7 years ago.

You seem to have mixed issues of both family law and criminal law. I'm an attorney focusing on both those areas and I'd like to see if I can help you with the advice you are seeking. However, I'm uncertain as to what you are trying to accomplish. Please tell me a bit more about your situation and, most importantly, provide your specific questions.


Thank you.

Customer: replied 7 years ago.
I am facing prison time, and are extremely concerned that my hushand will be unalbe to care for our daughter while I am away. Due to the special needs of our daughter, two people are needed to provide all the care she needs. If I go to prison, my husband may have to move to a rural area, where required services for my daughter will not be available.I am not working because I was diagnosed with ovarian cancer. My husband and I are struggling to remain married. Would divorce be a better plan. Then I could sigh on the assets, due to the unlikelihood that I will recover from cancer. Any thoughts?
Expert:  Joseph replied 7 years ago.

First, let me say that I hope that your criminal defense attorney is working for you. While you are probably right in your statement of facing prison time, it also seems that you have several mitigating circumstances that may be used by your attorney in an effort to avoid prison time.


As to the family issues, I don't see any obvious improvement in getting divorced simply for the transfer of assets. First, if your assets are joint, then you husband may do as he desires while you are incarcerated. Second, if any assets are in your name at this time, you can simply transfer them to your husband prior to your sentencing.


Please let me know if I've missed anything or if you require additional assistance.


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Joseph and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
If I should die prior to the completion of resitution, would resitution be required from my estate? I have considered taking out a life insurance policy for the amount owed to the victims? Would this be helpful? My chemo treatments are scheduled in October, and run through the 1st quarter to next year. My sentencing hearing is December 7. Can anything be done to move the sentencing hearing, or would they greatly consider home confinement, while I finish chemo?

Expert:  Joseph replied 7 years ago.

Could restitution come from your estate - Yes.


Would life insurance be wise - Certainly, presuming you can obtain a policy with your condition.


Can sentencing be moved - Probably, check with your criminal defense attorney. He is certainly in a better position than I to assess the situation and make a determination as to the probability of success.


Is home confinement possible - Again, this is an excellent question for your defense attorney. While prison is certainly possible for your future, you do have some excellent arguments for mitigation, I would urge you to discuss these thoroughly with your attorney.


Best of luck!