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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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My husband is in legal trouble. He was doing business with

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My husband is in legal trouble. He was doing business with a local company and agreed to buy them some merchandise as he is a reseller. The company paid him for the goods and my husband was to order and deliver. Well, he lost his job and was forced to use some of the money thinking he could recoup the losses..it has been 2 months and he still hasn't been able to. He has lied to the company telling them the item is on back order. Since then they have found out and we are awaiting to see what action they take. The amount they are out is $14,000. My question is what now? Should he try and work out something with the company to avoid charges? Should he sit and wait? What are his chances of going to jail? (He was convicted of grand theft 4 years ago in CA (long story) and served 3 months in jail. We have a 4 month old and I don't work so I am worried I will lose him.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Joseph replied 3 years ago.

The definition of theft is the taking of someone else's property with the intent to temporarily or permanently deprive them of the use of that property. While your husband may have intended to return the money, or provide the product, the fact is he hasn't done that. Unfortunately, he can most certainly be charged with theft based on these facts.

 

Does he have any chance of repayment or providing the product in the very near future? If so, it might be prudent to simply move forward as if nothing had happened and complete the transaction.

 

If not, then it would seem prudent to work things out with the company. I suspect what they want is either their money or the product, not to have him arrested. As such, they would be motivated to resolve the matter as well.

 

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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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