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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 92991
Experience:  7+ years of experience handling various legal matters.
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Ex girlfriend installed eblaster keylogger on my computer approximately

Customer Question

Ex girlfriend installed eblaster keylogger on my computer approximately two years ago. She used the information to transfer money out of my bank account via the internet and phone calls. I thought the problem had passed but recently I had a thorough forensic check on computer and found that software still there. We subpoenaed eblaster and got verification of install date and her name attached to serial number. Also verified the software is still "active".

What is the statute of limitations for criminal and civil action in Texas?

She also impersonated me online and amount stolen was approximately $2500 although she did attempt to steal over $8k. All money was returned by bank as she had account at same bank. I filed formal complaint with bank and IC-3 at the time.

Thanks. XXXXX codes, etc. would be appreciated.
Submitted: 6 months ago.
Category: Legal
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


I think you will be fine. In the civil context, I would try to classify this as fraud which has a 4 year statute of limitations and here is a link:

http://www.statutes.legis.state.tx.us/Docs/CP/pdf/CP.16.pdf


In the criminal context, I would classify this as theft and that has a 5 year statute of limitations. Here is the link:

http://www.statutes.legis.state.tx.us/Docs/CR/pdf/CR.12.pdf




Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Did you reply? If you did and you do not see your reply above, it is because we have been having technical difficulties. Please repost your reply and to make sure it went through, you should be able to read it on the thread, not get a mostly blank screen after hitting the reply button. I believe I may be able to help you. Sorry for the inconvenience. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
If you responded and do not see your response above, please repost until you can see it. Sorry for the inconvenience.
Customer: replied 6 months ago.
What about the eblaster software installation and the computer hacking invasion of privacy?
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Were you having trouble responding? Would like to know so I can let the engineers know.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Well, let me know if you were having a problem responding so I can let the engineers know. In the 4th page of the link that I gave you in regards XXXXX XXXXX 12, felonies, it says:

(7) three years from the date of the commission of the
offense: all other felonies.

So because of the amount stolen, it should be considered a felony and since it is not specifically listed, it would be three years.

Here is the statute:

33.02. BREACH OF COMPUTER SECURITY. (a) A person
commits an offense if the person knowingly accesses a computer,
computer network, or computer system without the effective consent
of the owner.
(b) An offense under this section is a Class B misdemeanor
unless in committing the offense the actor knowingly obtains a
benefit, defrauds or harms another, or alters, damages, or deletes
property, in which event the offense is:
(1) a Class A misdemeanor if the aggregate amount
involved is less than $1,500;
(2) a state jail felony if:
(A) the aggregate amount involved is $1,500 or
more but less than $20,000;
or
(B) the aggregate amount involved is less than
$1,500 and the defendant has been previously convicted two or more
times of an offense under this chapter;
(3) a felony of the third degree if the aggregate
amount involved is $20,000 or more but less than $100,000;
(4) a felony of the second degree if the aggregate
amount involved is $100,000 or more but less than $200,000; or
(5) a felony of the first degree if the aggregate
amount involved is $200,000 or more.
(c) When benefits are obtained, a victim is defrauded or
harmed, or property is altered, damaged, or deleted in violation of
this section, whether or not in a single incident, the conduct may
be considered as one offense and the value of the benefits obtained
and of the losses incurred because of the fraud, harm, or
alteration, damage, or deletion of property may be aggregated in
determining the grade of the offense.
(d) A person who his subject to prosecution under this
section and any other section of this code may be prosecuted under
either or both sections.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 6 months ago.

NOY LOOKING FOR STATUTES LOOKING FOR LEGAL OPINIONS AND KEY FACTS. ANYONE CAN FIND STATUTES ONLINE.

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Yes, and anyone could find statute of limitations online as well. I am not sure I understand your point. Please don't take this situation out on me. I am trying to help but you only asked for statute of limitations. You did not ask for me to do legal research and I see that you have lots of experience with this website and know that we do not do voluminous research. There is also no need to yell. I want to help you, but you are being very unreasonable. So is there more that you would like me to help you with or are you going to be unreasonable, ignore me and just let me stay with a "bad" rating? You know that you only asked for the statute of limitation and the statutes to back them up and I provided that. So how is my service to you bad? You know you can ask more questions until you are satisfied. So I hope you give me a chance.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Look. I understand that you are upset and frustrated at your ex. Believe me, I would be too and I would be doing everything in my power to take her down. You only asked me the following:

What is the statute of limitations for criminal and civil action in Texas?

Thanks. XXXXX codes, etc. would be appreciated.



I provided you with the statute of limitations and when you asked for law codes, I took that to mean the statutes themselves and I provided them.


Now you say that you want more, but you only say that after you rate me bad which makes me look bad and honestly I don't think I deserve it. But still, I understand your frustration and would feel that way myself, so here is the reality of your situation. IF the police is not willing to help you and arrest her to start prosecution against her, then you will need to go speak to the state prosecutor in your area and present your evidence and get them to start an investigation and then prosecute her. If they aren't helpful, ask to speak to their supervising attorney. Don't give up. Make a lot of noise to get this case prosecuted. Since I am not sure which city you are in, here is a link to get you started:

https://www.oag.state.tx.us/criminal/prosecution.shtml



As far as the civil aspect of your case, you have to determine if she has any money to be able to compensate you because if she is broke, this is going to be a problem. Why? Because that means that an attorney will not take the case on contingency, meaning for a percentage of what you win because even if you win, if she has nothing to pay you with, the attorney will not win anything. So if the attorney doesn't take the case on contingency, that means you have to pay them up front. So let's say $3000 plus court costs of a few hundred dollars. So let's say you win, which you most likely would, so you get a judgment award for whatever your damages were, let's say $20,000 plus attorney and court costs.
So you have a judgment that you can collect now for let's say $23500. If she has no money, then you are out $3000 plus court costs plus whatever else she took from you. You can try to garnish her wages. That would be an option. You would get a certain percentage of her salary until it is paid of. So the botXXXXX XXXXXne is that if she has very little money, you will most likely have to pay an attorney up front to sue her and then it will take awhile for you to see any compensation.

I sincerely XXXXX XXXXX you will be reaosnable and re-rate my service to you. I sincerely XXXXX XXXXX to help and I understand your plight. Let me know if you have any additional questions.
Customer: replied 6 months ago.

I understand your frustration with my rating.


 


Thanks for the more detailed reply.


 


It is my understanding that the civil judgement could also have an impact on her credit rating for years and years. I understand that in Texas I could "renew" the judgement every ten years if not paid. Is all this true?


 


I am not worried about expenses or actually collecting. I simply want justice.


 


As for "not giving up", it is very difficult to get police agencies to write these cases up.


 


Going back to an important question, I am not sure I understand your reply on the internet invasion. Is the statute 3 years or 2? Is it a felony in my case? She stole a total of $3000, had it in her possession, then was forced to give it back.


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
I am actually very happy to hear you say that. I am of the same mind. Even if it costs me a little bit of money, have at it. I'm all about the justice. That's part of the reason that I don't think I could have ever been a public defender knowing the person was guilty and defending them anyway.

So yes, you would have to renew the judgment within 10 years to keep it active and I recommend that you do so. Though I hate to give you a couple more links, here they are:

http://law.onecle.com/texas/civil/34.001.00.html



http://law.onecle.com/texas/civil/31.006.00.html


I would still stay after the state prosecutor. They have their own investigators that can look into a crime. So if you push the state prosecutor enough, they may file against her and the police would have to take action.


And yes, I believe that the aggregate amount was over $1500 even though it was returned and that would make it a felony and if it is a felony, then the statute of limitations should be 3 years, not 2 years.


Let me know if you have any additional questions and please consider re-rating my service if you wouldn't mind. Thank you.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 92991
Experience: 7+ years of experience handling various legal matters.
Guillermo J. Senmartin, Esq. and 17 other Legal Specialists are ready to help you
Customer: replied 5 months ago.

So….

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.
Yes, sir? Any updates?

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