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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26604
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If I broke a law but did not no or intended to do so What

Resolved Question:

If I broke a law but did not no or intended to do so
What can I do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

I'm sure you've heard the old adage that ignorance of the law is no excuse. Thus, not knowing that an act was illegal doesn't relieve you of possible liability. HOWEVER, if you can prove that you truly had no criminal intent (mens rea is the legal term) to commit a crime, then you certainly would have a good chance at getting a lesser penalty - - especially if you don't have any prior criminal convictions.

The best thing you can do if you're charged is hire an attorney to try and get a deal worked out with the prosecutor to minimize your penalty/punishment.
Customer: replied 1 year ago.


It a civil case. I assisted a client to file a Bk petition

 

I am being charged of giving legal advise and not being an attorney but did not represent myself to be an attorney or pat of the law.

 

what type of attorney should I retain

 

Expert:  Roger replied 1 year ago.
Ok. Thanks for the information.

The charge of practicing law without a license is a misdemeanor offense under Ca. law and carries a fine of up to $1000 and jail time of up to 1 year. Here's a link on this issue, including information regarding the penalty: http://da.co.la.ca.us/pdf/UPLpublic.pdf

If this is a first-time offense, jail time is very unlikely. It's more likely that you would get probation and a fine. However, jail time is certainly possible, so you should take this very seriously and consult an attorney to help get you out of this mess with as little penalty as possible.
Customer: replied 1 year ago.

But what type of attorney?


 


I spoke with a mal practice attorney. He did not seem very knowledgable in BK proceedings. If I might expect jail time can I ask for a public defender? I don't have money for an attorney. The motion filed is for monetary damages to debtors and trustte court

Expert:  Roger replied 1 year ago.
It depends on whether or not criminal charges are filed. If criminal charges are filed, that wouldn't be handled through the bankruptcy court. Instead, it would be prosecuted by the US Attorneys Office. If you were charged with a crime, you could request a public defender.

If they have not filed criminal charges, and have just filed a motion for money damages, then they may not be pursuing criminal charges. In that case, you would not be entitled to a public defender. However, you may want to consult a local bankruptcy attorney if possible.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26604
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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