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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13076
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I have been accused of theft by swindle.I took out loans from

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I have been accused of theft by swindle.I took out loans from an elderly couple.$86,000.We have a valid loan agreemnet and several promisary notes.I have been making my payments on time.However the Private investigator is trying to charge me with swindle.We had several Verbal agreements as to why I borrowd the money.Nothing in writing as to why i borrowed the money.So the investiagtor is saying I lied to them to borrow the money.I swindled them,lied to them.Please tell me what I can do or if im going to jail
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 1 year ago.

Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.


 

Michael J, Esq. :

I'm sorry to hear about your situation. To be clear: you signed promissory notes for this money? And you're current on the payments?


 

Customer:

Yes I signed several promisery notes and I am making payments.But PI is saying the Promisery notes mean nothing

Customer:

The PI is trying to say I forced them into signing the notes.Which is clearly not true.1 note is in the Wifes handwriting,and 1 I made on the computer per the computer per their request


 

Customer:

are you still there?


 

Michael J, Esq. :

Yes.


 

Michael J, Esq. :

I'm sorry I didn't respond more quickly.


 

Michael J, Esq. :

From what you have relayed, I don't see any way they can charge me with a criminal action. If they loaned you the money willingly and signed the promissory notes with intent, you did nothing wrong.


 

Customer:

That's ok,can you answer my questions now

Michael J, Esq. :

"charge you" I should have said.


 

Customer:

They can't say I forced them into loaning me the money ,or swindled them into it?


 

Michael J, Esq. :

That doesn't make any sense. A contract is a contract - it doesn't matter why they loaned the money.


 

Michael J, Esq. :

Swindling is when you con someone out of money with no contract. In this case, you borrowed the money.


 

Customer:

What if there a bunch of here say going around about Why I borroed the money?They say I tols them something totally different to borrow the money.I told them exactly what I needed,and they say I said different.Nothing was signed as to Why I loaned the money

Michael J, Esq. :

That does not matter. A loan is a loan.


 

Michael J, Esq. :

They signed a contract and loaned you the money.


 

Michael J, Esq. :

I do not see any criminal acts.


 

Customer:

ok,so why is the PI trying so hard to quiz us every single day and saying I Lied to borrow the money

Michael J, Esq. :

I would have no idea why he was doing that. A private investigator is hired by the person and is not law enforcement. He may be trying to scare you into paying back all the money at once, who knows.


 

Customer:

he's really pushing the issue that I lied to borrow the money however there was Never nothing in writing as to why I borred it.Just here say stuff...Lies going around everywhere

Michael J, Esq. :

I would stop talking to anyone about it and go about your business, you don't have the duty to speak to anyone about it.


 

Michael J, Esq. :

Please read my comment.


 

Customer:

No He's PI from the police Dept trying to pursue charges against me

Michael J, Esq. :

Then stop talking to him at all. Ignore his calls.


 

Customer:

they also say its financial exploittation of the elderly However the people are not vulnerable or incompitant

Michael J, Esq. :

If he charges you, hire a defense attorney and you should be able to easily beat the charges. I assume that he won't file charges though because there appears to be no criminal act.


 

Customer:

is this financial exploitation ?They are completely compatant people


 

Michael J, Esq. :

You keep asking the same question and my answer is the same. I know you're worried and scared, but please listen to what I'm saying. I do not see a criminal act. They loaned you the money. You have no duty to talk to the officer or anyone else about this. Ignore all calls or visits from authorities and don't explain yourself. If they do happen to charge you, hire a criminal defense attorney and you should be able to get out of the charge. Again, I see nothing criminal from what you have posted.


 

Customer:

Ok,And I am sorry.Your right Im scared.I Thank you for your time.You have helped a great deal

Michael J, Esq. :

No problem. I wish you the best of luck and think you'll be fine.


 

Michael J, Esq. :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael


 

Customer:

thanks much!

Michael J, Esq. :

GL!


 

Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
Michael J, Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok,now the people are trying to say I Conned them Into borrowing me money,and I conned them into signinng the loan agreement.No what is going to happen?I clearly did not con them.The loan agreement is signed by both of them and so are the promiseary notes
Expert:  Michael J, Esq. replied 1 year ago.
Again, my answer remains the same. They signed a contract - the reason they signed it doesn't matter as long as they did it intentionally. There is no criminal act.

Michael
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
Michael J, Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Well it's been 5 months now since I've been quuestioned,and I just found out that the papers just got sent over to the County Attorney on February 25th.For Review.I was informed that the Couple is still saying I lied to borrow the money,and that they never agreed to monthly payments.They said I told them I had a settlement I was paying them with.This is not true,They just told their son this to keep him off their backs for borrowing me the money.I have been making my monthly payments.They are saying I talked them into signing the loan agreement.In whicjh I didn't.They signed it on their own will.Do you think the County Attorney will pursue any charges?And if so,what charges?

Customer: replied 1 year ago.


Well it's been 5 months now since I've been quuestioned,and I just found out that the papers just got sent over to the County Attorney on February 25th.For Review.I was informed that the Couple is still saying I lied to borrow the money,and that they never agreed to monthly payments.They said I told them I had a settlement I was paying them with.This is not true,They just told their son this to keep him off their backs for borrowing me the money.I have been making my monthly payments.They are saying I talked them into signing the loan agreement.In whicjh I didn't.They signed it on their own will.Do you think the County Attorney will pursue any charges?And if so,what charges?

Customer: replied 1 year ago.
Relist: Other.
he's busy
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be glad to help you.

Unfortunately, given the limited facts that you have given about this situation, it is very likely in a situation similar to this, given the large amount of the loan and the small monthly payments and the age of the elderly couple who has made this loan, that DA might pursue criminal charges which could be theft by swindle and/or exploitation of elderly or some other similar felony criminal charges.

Also, unfortunately the fact that the family of the older couple has hired a private investigator to gather all the evidence against you and to forward the case to DA, it is extremely important for you to consult and retain an experienced and established local criminal defense attorney and to defer any and all inquiries related to this matter to your local criminal attorney and not to discuss this situation with anyone, but your own criminal attorney and to demand to have your local criminal attorney present during any police questioning or interrogations or at any stage of the potential future criminal case.

I am very, very sorry that you are in this difficult situation and I hope that things will work out for you.

You can find a local experienced and established local criminal defense attorney by using these well trusted and reliable attorney information / referral websites:

www.martindale.com
www.lexmundi.com
www.justia.com
www.lawyers.com

I wish you the best of luck.

Thank you and please click on the "excellent service" rating, so I can receive credit for my answer.

Bonus and positive feedback is always appreciated, but is not required.
Customer: replied 1 year ago.


How do you know the age of the Borrower's,and how do you know the monthly payments are low?And they are fully compitant and reviewed and signed a loan agreement

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

I have reviewed your previous questions and answers with other experts and I do understand that you believe that the elderly couple was competent, however you have also stated that now elderly couple is making allegations against you of fraud, duress and misrepresentation about some type of a settlement that you have claimed you were going to receive and these all are very serious allegations and I have provided you with my answer and straight forward answer to your questions, as I believe that each customer is entitled to a correct and accurate answer, since a more favorable but incorrect or "sugar-coated" answer would be a disservice to the customer.

I wish you the best of luck and once again I am very sorry about the difficult situation that you are in.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13076
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Well I really Respect you for this Sir.So do you believe All the other Experts gave me Sugar Coated Answers?And that they were just lying to me to keep me paying and coming back?

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