Have Legal Questions? Ask a Lawyer Now.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Have you successfully completed your probation? And to be clear, this is all relating back to one single incident that you've already been arrested and convicted for?
yes, it was in 2005, I have completed my probation
What is the reason that she's trying to get you arrested again?
That is, what is she alleging against you?
she is angry with me because I couldn't babysit for her in January when my Mama died...she doesn't want to pay back the loan
Were you convicted at the Federal or the state level?
I'm not sure, it was a felony, in our small hometown
So you didn't go to a Federal court, but rather a local court in your county?
Thank you. That means that you were likely convicted at the state level. First of all, since you have already been convicted of this at the state level, you cannot be tried for it again at the state level. That would be "double jeopardy". You can't be tried for the same crime twice in the same jurisdiction.
So to the extent that she's trying to get you arrested for this crime that you've already been convicted for, it's not going to work...
Now that being said, note that I said "in the same jurisdiction".
This crime, since it was a Sallie Mae loan, would have Federal implications as well.
So she could take me to federal court?
18 USC 1014 is the law that governs fraud concerning loan and credit applications generally, and would have a 10 year statute of limitations.
SHE couldn't take you to court.
The Federal prosecutor would have to. Your daughter has no prosecutorial authority.
(unless she's a Federal prosecutor, but if that were the case, you could ask to have her removed as the attorney for the government, as a conflict of interest)
She could indicate her desire that they prosecute it, but I would be shocked if they did.
But she has contacted Sallie Mae and they are called me yesterday asking about where the money went
The reason is that you've already been tried and convicted of this at the state level, and 99% of the time when there are dual jurisdiction crimes like this, one conviction will generally be perceived as enough, and the other jurisdiction won't worry about it.
As for that, you can let them know what you did with the money. (were you told to deposit it to her account by the courts, etc...?)
No, I did that on my own as soon as the check came in the mail
You can let them know that this is what you did. If they bring up anything about the fraud (which they should know about...) you can let them know that you've already been tried and convicted for that.
Typically the only situation where there will be both a Federal and state prosecution in a crime is where there is an acquittal (a not guilty verdict or other final dismissal) in one case, and the other jurisdiction wants to "try again".
It's very very rare that there are dual prosecutions where one has already been successful in conviction.
Thank you so much. I did tell them that yesterday. I have just worried all night. That was a very dark time in my life and I don't want to return there.
You're welcome. I understand, and I hope it clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!