Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for your question today. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.The couple can report it to the police, and it's possible the police could arrest you if they believe a crime has been comitted, but it is the prosecutor's office who decides whether or not to file charges. A person cannot "press charges," because that is the role of the state.Theft by Swindle is defined by Minn. Stat. Ann § 609.52 Subd. 2(4) as swindling, whether by artifice, trick, device, or any other means whereby a person obtains property or services from another person.In State v. Flicek, 657 N.W.2d 592 (Minn. Court. App. 2003), the Court held that swindling requires a showing of affirmative or fraudulent behavior. In this case, the city of Elko, MN, would assess any delinquent balances of residents’ water bills to the residents’ property taxes. The city’s treasurer and a city counselor were both delinquent on their respective water bills. The treasurer omitted these delinquencies from the audit and neither the treasurer nor the counselor were assessed. Over a number of years, each had an outstanding balance of thousands of dollars each. A later audit discovered these discrepancies and each were charged with theft by swindle. The Court held that the charges were not appropriate in this case because the state failed to provide evidence that wold be necessary to prove all of the elements of the crime. The Court held that theft by swindle requires the intent to defraud, and inherent in the intent requirement is that a swindler must act affirmatively to defraud another. Even though the city treasurer and the council member abused their positions of authority by failing to disclose the delinquencies; neither the treasure nor council member received utility services by deceit because their billings were accurately noted in city ledgers and neither indicated that they had paid their bills when they actually had not.Based on these facts, it would be very difficult for a prosecutor to charge you with theft by swindle because you do not meet the necessary elements. The reason or reasons you borrowed the money is not important. What is important is that there was no intent to deceive them. In each case, both you, and I am assuming the elderly couple, signed promissory notes voluntarily. You made payments, and continue to do so. There is no defrauding or intent to defraud. You agreed to pay back the loans and are doing so. If you had taken the money and skipped town, and never made a payment, I could see the basis for a charge, but I do not see such a basis here.
Please let me know if you need any clarification or additional information.
So even if the son and the elderly couple are now saying I Tricked them into borrowing me the money,they have no basis?Because they say I Lied about why I wanted to borrow it,I tricked them they say.And the son is saying that I promised his parents a Big Settlement Payment when I get a back settlement.I allready got my settlement back in 06 and he's saying I said I get it now and I promised them that to borrow me the money.Is this all here say crap?And why is the Investigator trying so hard to nail me if he didn't think he had a case?
Ok,That sounds right.1 more question.The officer investigator sais I tricked them into signing the promiserry notes.Which is simply not true.Can he say this and get away with this?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).