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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26759
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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asking for a friend: Less than two years ago victims brother

Resolved Question:

asking for a friend:
Less than two years ago victims brother went into her home and removed over 150K worth of property. Victim has asked brother to return the items but has discovered the brother has sold, pawned or gave away a majority of the property. What is the best course of action, if they file criminal charges they will never see the property again, vicXXXXX XXXXXves in Texas and was wondering if a warrant in detinue would work or would it best to file a civil suite and request the courts to garnish his social security checks and retirement. The victims brother is retired and has recently remarried as well. Some of the items taken where heirlooms from the mother that has passed that can never be replaced.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

First off, the best way to get the property back is to file criminal charges and have them seize the items to be used in the case.

Dwayne B. :

The victim can file a civil suit as well, there is no reason that there can't be both a civil suit and a criminal case.

Customer:

ok should any steps be taken prior to filing the criminal case?

Dwayne B. :

In the civil case the victim can ask for a turnover order asking the judge to order the person to give back any property in their possession.

Customer:

like should a letter of intent be mailed prior to turning over to the district attornies office?

Dwayne B. :

Also, social security and most retirement is not subject to garnishment.

Dwayne B. :

The victim could go and see a local lawyer and ask them to send a letter, They don't want to send it themselves because it has to be worded properly or the threat of prosecution can be illegal as well.

Dwayne B. :

There are no legal requirements prior to filing the charges.

Customer:

ok so the best option is to hire an attorney then

Dwayne B. :

It would be best first.

Customer:

can the attorney assist in file the criminal charges as well

Dwayne B. :

Informally, yes.

Customer:

is there any type of warrant in texas like in virgina that can be requested by the courts like a warrant for diue I like, misspelled I am sure

Dwayne B. :

I'm not sure what that is. There is a warrant in debt in VA but that is really just a regular lawsuit.

Customer:

ok thank you so much for all your help, have a great day

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26759
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 7 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Best wishes to you!
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26759
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 7 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.

what sort of attorney should my friend hire in regards XXXXX XXXXX matter. Thanks

Expert:  Dwayne B. replied 10 months ago.
Look for one who does Civil Litigation. There is a website called www.lawyers.com that lets you search by location and area of specialty.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26759
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 7 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.
once again thank you for all your help.
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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