Criminal Law Questions? Ask a Criminal Lawyer.
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To make sure I understand in layman's terms: AClass B is $5K - 100K. I thought I understood they could be doubled on a 2nd conviction, is that true? But those can be waived or a payment plan established? Correct?
It's the tax evasion that will result in a lien on the house being imposed within 30 days . She also only has 20% equity in the house and I was told that Courts tend to work w/mortgage companies but that years later when there is more equity they could force a sale. Is that correct? I know w/a pound of meth at $250 a gram is about $112K, too, and is that mandated or the amount up to the Judge and can't be waived. Is that what will evoke liens and seizure of personal property.?
The Personal property? She has extensive and very valuable antique collections, etc. $100K or more of things. It is not an ordinary house inside. How soon would they come in and start to seize everything? Will they leave her with anything? Someone told me they would leave her with $20K of possessions. (Serves her right; it was all bought with drug money.)
As far as payment plans, she is 67 with only $1600/m in Social Security (stops while in jail). I would think the Court would not think she has the income/earning ability to make a dent with a payment plan and proceed with seizures of personal property.. Is that your best guess also? We are trying to convince her to sell now to have the money to pay the fines, because she is not going to get top dollar if they come in and just take it.
I know her attorney is concentrating on the criminal charges right now. At what point will he be advising her how to prepare for the fines? She only has 3 months until Court (will be convicted) . Also, again, with a conspiracy charge is it true 10 yrs. before parole?
Sorry to be a pain. But does that mean they will come inside the house w/a Court order and start seizing personal property within 30 days the same way they would put a lien on the house within 30 days. We cannot get through to her that in order to get top dollar for some of these collectibles she needs to act fast to sell. Also, again is there any amount exempt such as being allowed to keep $20K of personal possessions?
She is asking my husband and I rent the house to protect her things inside it and we think it is a vain effort.
That's what we thought, and no we are not going to participate in her trying to hide assets. We want nothing to do with those things bought with drug monies. She is expecting me to sell MY things and move in there because I would not have room for my things and her things are going to be taken anyway. She is deluded and an addict. My only concern as her sister is she will be a little old lady with a lot of health problems when she comes out and I was hoping if she would be allowed to legally retain at least $20K in assets so it would help the family find a place for her when she comes out. Someone is filling her head that she will get 90 days shock jail. Yeah right on a 2nd conviction, 3rd Felony with Conspiracy to boot. She did not cooperate and tell them where the meth lab is either and thinks just doing 30 days outpatient rehab is going to sway the Judge. This is my last question: What to do think and advise us to do about renting the house? Her neighborhood assoc. already has said she cannot live at the property anymore with another conviction either. Can't the State come in later and force a sale when there is more equity and we'd be put out? Won't her attorney tell her about the 30days to put a lien on the house and seize property BEFORE she goes to Court?
Okay, again. I am an editor for legal codes as well the public information officer for a large Texas State agency but I do not have experience in criminal law (oil and gas and State real estate). Can you tell me how to go about submitting a request to find out what was seized in the recent raid, ie. how many grams of meth? Or would that be exempt from disclosure until the case disposed?. Also, her past conviction for intent to distribute, I would like to know the amount seized then, too, and the disposition of the case, fines, probation terms etc. If that case is already disposed, could I find out what the Court imposed?
You have been such a Big Help already and worth every penny. And, no, we will not get involved in her house and asset protection efforts. Thanks for gently putting it to me she may die in prison. With her current health problems, anything over 5yrs. is really a death sentence and I already knew that. Her attorney has told her he may be able to get it reduced to 15yrs. and she serve 5yrs. so we are trying to have an idea how to take care of an elderly con when/IF she comes out. Any idea why he would have told her 90 days shock was a possibilty??!!!
The last I spoke to her she said her attorney had requested but not received any pretrial discovery yet. I'm in Texas so can't get to a Des Moines courthouse. I was under the impression her lawyer told her the 90 days was a possibility but I really don't know. I can't get anyone to go to the clerks office for me either as I am alienated for telling her the TRUTH. I know her Social Security stops while inside but resumes when she get's out and yes, I already researched and know she will have little in the way of other benefit entitlements. I know her attorney won't know what is imposed until sentencing but I would think he would give her advice on how to prepare herself financially for a prison term.
I am working on my paralegal now with a 3.8GPA and in the honors program.The attorneys I work for want me to go all the way through law school. Sometimes it really sucks to be legally astute though. All we are willing to do is keep paying her $10K burial policy. Sad. I have lived 1000 miles away for 35yrs, we weren't raised together. I had no idea who she really is - a scum drug dealer. I am glad our parents are passed on. Thanks again for your sound advice. Not the typical thing I see on these boards, uh?!
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