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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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GOOD MORNING CAN I COUNTERSUE MY SISTER IF SHE DECIDES TO

Resolved Question:

GOOD MORNING? CAN I COUNTERSUE MY SISTER IF SHE DECIDES TO PRESS FALSE CHARGES AGAINST ME FOR SUPPOSEDLY STEALING FROM DAD? AND SHE NOW HAS ME ON ANXIETY MEDS TO TRY AND CALM MY LICHEN PLANUS DOWN...
THE BELONGINGS I HAVE WITH ME WERE GIVEN TO ME BY DAD WHEN HE WAS STILL ALIVE. WHAT GROUNDS DOES SHE HAVE DO YOU SUPPOSE?
THANK YOU,
JUDY
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.

Hello,

 

If your sister presses false charges against you for stealing from your father and the DA files those charges against you, you will have to fight the case and win it first before you can think of a countersuit. That's because if you are convicted of this charge or take a plea agreement, there would be a finding of guilt, which would make the false charge "true."

 

However, if you win the criminal case, you could then contact a civil attorney and sue your sister at that time.

 

Family can get emotional after a death, and when there's an estate that can bring out the worst in all of us. I don't know that anything will come of sister's complaint. If your sister does decide to the police with this matter, it's very possible that the DA will tell her that this is a probate matter and should be handled in civil court.



Edited by FranL on 7/1/2010 at 3:54 PM EST
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16829
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 4 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
CAN SHE SUE ME FOR BELONGINGS THAT DAD GAVE ME. EVERYONE GOT SOMETHING, INCLUDING MY TWO STEP SISTERS BUT MY SISTER WOULDNT COME AND GET HER STUFF BECAUSE THEY WERE IN DADS HOUSE AND SHE DIDNT WANT US TO RENT IT TO MY CHILDREN. SO THEREFORE, HE GAVE IT TO ME..
Expert:  Zoey_ JD replied 4 years ago.
Hi,

I'm sorry for the delay. I had other work off of the site that I had to get to this morning. Thank you for the accept.

Yes, she can try to sue you in civil court if she believes that you have property that belongs to her. Unless it was very valuable, however, it might cost her more for the lawyer than she'd get out of the suit. She could also sue you in small claims court and not need a lawyer.

You are saying that your father had gifted some things to your sister while he was still alive, but as she would not come to get it, he changed his mind and gifted it to you. So it will come down to her word against yours, unless there's some way you can document your father's change of mind.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16829
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 4 other Criminal Law Specialists are ready to help you

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