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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26930
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My nieces and nephews (one boy and one girl) dying Mother created

Resolved Question:

My nieces and nephews (one boy and one girl) dying Mother created a trust for them. After she died the Mothers husband (their father) forged multiple checks and drained the trust of all $140,000.00. All this coming to light just months ago. The 68 year old father supports a live in "girlfriend" 20 years his younger, who's a registered/licensed hooker in Nevada and we believe is where most if not all the money has gone. My question is who would press charges? The children or the bank or ????? and would the girlfriend be considered an accomplice?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 9 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking 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. :

Usually the children would file the police report but first they need to find a local lawyer to review the situation and see if the bank is liable for the forgery.

Dwayne B. :

There are some cases where a bank can be liable if they allow for forged checks to be cashed.

Dwayne B. :

If the bank is on the hook then they will get the police to press charges and usually the DA is more aggressive if a bank is pushing them.

Dwayne B. :

There is no way to know based on the facts you have given whether or not the GF is an accomplice or liable in any way.

Dwayne B. :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

Customer:

We have reason to believe the father has mental issues and if this was to become a felony charge and he were to be found guilty, is there a form of incarceration that would address that rather than he just be thrown into general population? In his business life he's a high functioning Vice President of a bank.

Dwayne B. :

There is no way to know for sure what will happen to the father if he is found guilty.

Dwayne B. :

The prison systems are terrible at treating mental issues.

Dwayne B. :

CA may be a little better than most states, but it still isn't good.

Customer:

Up to the Judge your saying?

Dwayne B. :

No, not even the judge. It's up to the prison system once he is sentenced.

Dwayne B. :

Unless he is found not guilty by reason of insanity, which is incredibly difficult to prove.

Customer:

Is a mental ward no option?

Dwayne B. :

No, not with a conviction and a sentence. The judge can't sentence him to a mental ward if he is convicted.

Dwayne B. :

The prison system may put him there but there is no guarantee.

Customer:

Am I correct in understanding felony is 3 years & up to $3000.00?

Dwayne B. :

It depends on the exact charge. These can be charged in several ways depending on the facts, the amount taken, how it was done, etc. It can be theft, forgery, theft by a fiduciary, etc.

Customer:

Going back, the children are the ones to press charges?

Dwayne B. :

Yes, they can contact the police and press charges.

Dwayne B. :

However, they need to have a lawyer look at it ASAP to see if the bank is at fault.

Dwayne B. :

There is a very limited time to file against a bank if they are at fault.

Customer:

OK thank you, XXXXX XXXXX think of anything more just now...is there some way to print out this conv?

Customer:

Oh wait.. what is the limited bank time?

Dwayne B. :

Yes, as soon as you issue a Positive Rating the format of the question will change into a regular Q and A. At that point you can print that format using your browser's print function.

Dwayne B. :

I don't know the time limit now, it used to be 6 months, but there are state and federal laws that interact now and so ti depends on how it happened to determine how long there is.

Dwayne B. :

That's why they need to see a local attorney so he can sit down and visit with them about the facts and look at whatever records they have.

Customer:

one step @ a time then...TX again

Dwayne B. :

You're very welcome.

Dwayne B. :

Best wishes to you and your family. Please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

I'll exit now to assist others.

Customer:

HAGD & your safe :)

Dwayne B. :

Once you issue your rating it will take just a couple of minutes to change formats and then you can exit and reenter to print.

Dwayne B. :

Thanks!

Customer:

Adios Amigos!

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26930
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 9 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 9 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 DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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