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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3389
Experience:  Experienced in state and federal criminal litigation.
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My mother lives in a nursing home and has dementia. When I

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My mother lives in a nursing home and has dementia. When I visited the previous two times she claimed I stole her jewelry along with two women ( I don't have any women friends! I am gay!) I am questioning my brothers(POA) monthly accounting or her estate (we had a settlement within the family). the settlement is vague. For example, it states" had to write 57,000 in large chekcks) I hired an attorney and she requested a more prop er accounting. They POA) reponded with something like a police report was filed against me for taking the jewelry, and I am harrassinng my mom,asking for money etc. this is totally false and am hurt.They claim I am harrassing them and have a history of this. I have only tried to do the right think and now I am the "bad guy". I have a good job and am a teacher and cannot afford a lawyer who already wants a $6000 retainer . I am nervous they are going to get a warrant for my apartment, plant some jewels, then take any of my personal asset documents.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 1 year ago.

TexCrimLawyer, J.D. :

In order to get a warrant to search your apartment, they would first have to have probable cause.

TexCrimLawyer, J.D. :

Probable cause must be established by the police presenting an affidavit to a judge stating why they believe a crime has been committed, and why evidence is likely to be located at the place to be searched.

Customer:

So if the nursing administrator or nursing home believed say the caretaker who would be dishonest would that be probable cause?Or what my demented mother claimed. The did do a complaint.

TexCrimLawyer, J.D. :

Unless the nursing administrator has a reason to believe something was stolen or some evidence to corroborate the mother's claims, no.

TexCrimLawyer, J.D. :

What makes you think the police would plant evidence?

Customer:

The lawyer wrote my lawyer with the following language, "David is allegedly u nder invesetigation in connection with jewelry very recently stolen from Betty's apartment at the Quadrangle".

Customer:

with the Haverford police...

Customer:

I was the one whoreported the missing jewelry to the heirs and told them two years ago to put it in a safe deposit box!

TexCrimLawyer, J.D. :

I understand. In my experience, police "planting evidence" rarely, if ever, happens.

Customer:

I don't trust the other lawyer ...they have police connections and are very powerful in PHilly a very corrupt town

Customer:

So basically it would be very hard to even get a warrant unless they had some kind of physical evidence or someone states they saw me stealing the jewelry

TexCrimLawyer, J.D. :

Perhaps, but officers and lawyers are unlikely to place their careers and freedom on the line for a client.

TexCrimLawyer, J.D. :

They would need to be able to show that a crime has probably been committed.

TexCrimLawyer, J.D. :

...and that you committed it.

Customer:

Can the word of mother with dementia or her caretaker be enough for them to arrest me? I did sign in the guest book that day and visit her. Could I sue my family for the mental anguish etc of this event has cuased me?

TexCrimLawyer, J.D. :

The word of your mother is likely not enough, but if her caretaker saw something, that would be enough.

TexCrimLawyer, J.D. :

As far as a lawsuit, you can only pursue it if you can show that the family knew you did not do anything illegal, but still pursued prosecution, or lied to police.

Customer:

I had a dispute and accused the caretaker 9 months ago of stealing her ring. I believe she "has it out for me" since that innocent and would lie and say she "saw me take things"

TexCrimLawyer, J.D. :

If people are willing to lie in a search warrant affidavit, there just isn't much you can do about that.

Customer:

Is there a way I could get a copy of the complaing from thd Haverfod Police Department without hiring an attorney?

TexCrimLawyer, J.D. :

Until you are charged, no. It is part of an ongoing investigation. An attorney could not get it either.

TexCrimLawyer, J.D. :

I'm sure you can understand that police do not give out documents related to ongoing investigations.

Customer:

If they have a warrant for the ring or other jewelry could they take my computer or other persona documents?

TexCrimLawyer, J.D. :

Unless they can show those things are somehow related to the theft, no.

TexCrimLawyer, J.D. :

I can't see how your personal papers or computer could be involved in proving a theft of a ring or other jewelry.

Customer:

ok thank you..it appears they will be aunable to get a warrant for this matter

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3389
Experience: Experienced in state and federal criminal litigation.
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