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Recent Restitution questions

I am charged with stealing an item valued at 250.00 then I

I am charged with stealing an item valued at 250.00 then I am accused of receiving that same item.i have also been accused of selling the item. If I only did sell it how much jail time can i get on a first offense

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Zoey, JD

Doctoral Degree

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What are the chances of getting restitution if a criminal

What are the chances of getting restitution if a criminal case rules in your favor and you are the victim?We have to decide if we file a civil case where the burden of proof has a lower bar and hopefully win up to $10,000 in Small Claims or SC Magistrate Court. Or do we hand our evidence over to the local police in Myrtle Beach SC and let them investigate then hopefully see them prosecute the case. Although we would be happy to see them found guilty or a crime, what we really want is the money that is due my son.The summary of this case is as follows: My son age 30, had his apartment deposit of $1200 withheld and Landlord demanded $3000 more for new appliances and excessive cleaning etc. They also claimed there was no notice to vacate. They hired an experienced attorney filed a complaint on Nov 4, 2015. We filed a counter claim on Dec 7, 2015. Our counterclaim listed numerous criminal accusations such as falsifying vendor invoices, misrepresentation, using other company letterheads to create false invoices and adding to an appliance company service receipt an amount of$375 and asking for reimbursement. Although there was no written notice to vacate (verbal only and 12 text during the last month.) We can prove that there was notice to vacate by producing the the website rental listing 5 weeks before the date vacated. This was posted by the Landlord with the date of availability just one day after they vacated. We also asked for the previous tenants exit letter to prove that such demands were not made of them and deposit withheld for the same damage. Once the counterclaim was received, they did not respond in the 30 day time . The Judge then wrote the attorney a letter once again stating they have not responded to the counterclaim and if they did not the case would be dismissed. They did not respond and case as dismissed on May 12, 2016. We just found out about the dismissal, in that we do not have an attorney. We have reason to believe the plaintiffs are scared to see what they would have to prove in court. So now we are in the drivers seat and have two years left to resolve this. We want to pursue this case and if we do so in SC Magistrate Court we will now ask for more money than we did on the counterclaim and go for the maximum of $10,000 due to punitive damages. I think we have a very strong case. But can you answer my initial question as to the best way to go . My son now lives in Ohio and would have to fly back to SC for trial and also present the case himself. This is a little stressful but we will do it if we have to. We believe the landlord filed this case thinking since my son moved out of state he would not have the financial means to fight this case and just default. We know of one other case like this with these same people. Look forward to hearing from you

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Zoey, JD

Doctoral Degree

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28,758 satisfied customers
I am a victim of a ponzi scheme liberty state benefits plus

i am a victim of a ponzi scheme liberty state benefits plus the last time i heard from the bankruptcy court in delaware judge kevin gross was back in may no lawyer will take my case told me the money was not enough its my whole 401k 36,500. i filed a claim in time.cannot find out where we are

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William B. Esq.

Attorney

Doctoral Degree

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19,008 satisfied customers
I have been charged with 2 misdemeanor theft charges all

I have been charged with 2 misdemeanor theft charges all within a period of a month. One was for shoplifting total of 30$ and the other was for stealing my neighbours pool equipment approx cost of 250 dollars. I'm clearly guilty in both cases and was going to have a court appointed attorney represent me. Is this advisable or should I hire an attorney.

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LegalKnowledge

Juris Doctor

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28,996 satisfied customers
I have filed an eviction in state. Tenanats have not

I have filed an eviction in Washington state. Tenanats have not responded to complaint and summons. Do I still need a hearing, and if so, what paperwork do i file? If not, can I just enter the order of default?

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Maverick

Doctoral Degree

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5,762 satisfied customers
Wondering if I have a case fraud back in 2007 I refinanced

Wondering if I have a case for mortgage fraud back in 2007 I refinanced my house an when I went to the signing I had the mortgage writer an a Equity line of credit writer all in the same day. It's like my house went up in value from 107,000 to 168,000. Since then I lost my home to forecloser an was successively sued by the equity line of credit writer which is was fifth third bank for 71,000. Have I gone over the statute of limitations.JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.Customer: I know I procrastinated a long time but I felt that I could do nothing about itJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I'm being garnished out of my check for the last 3 1/2 years from fifth third which I paid roughly $31,000JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Roger

Litigation Attorney

Doctoral Degree

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33,150 satisfied customers
I wrote a check to my brother in March for $7,100. The check

I wrote a check to my brother in March for $7,100. The check was stolen from my mailbox and cashed at a Bank One in another state. I live in California. We did not realize the check was a forgery for 2 months. My brother receives lots of check and did not tell me until he investigated and found out he had not received the check. When I checked my online banking one week after writing the check, I saw it had cleared my account. I had no reason to think it had been stolen. It was not until May that I looked at a picture of the check online that I realized someone had stolen it, rewrote their name in a marker over my brothers name and then used the marker to go over the other info on the check. I am trying to get either Bank One to pay for this or my bank, which is small bank, Park State Bank and Trust. They are giving me the run around and now are not even returning my calls. What are my rights? Thank you. Carol

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,488 satisfied customers
Demand - court ordered debt collections _State of California

demand for payment - court ordered debt collections _State of California - forJA: Because laws vary from place to place, can you tell me what state the court order was issued in?Customer: 196,597.73JA: Have you talked to a lawyer yet?Customer: noJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Dwayne B.

Juris Doctor

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34,670 satisfied customers
I owe federal restitution. I own a home. If I sell it and

I owe federal restitution. I own a home. If I sell it and put the money toward the purchase of a new home, will the government take the money?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: CaliforniaJA: Have you talked to a lawyer yet?Customer: No, what type of lawyer should I contact?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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William B. Esq.

Attorney

Doctoral Degree

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19,008 satisfied customers
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