Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

If you have been convicted of a money felony ...

If you have been convicted...
If you have been convicted of a money felony against a company (fradulent use of a credit card) and the company has gone out of business and has desolved and you have been ordered to pay the company directly (according to your judgemet of conviction) and there is no one to pay, are you obligated to pay their creditors or is your obligation void.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
1/5/2008
jamest
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience: Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
Verified
Hi JoAnne, most companies file for bankruptcy when they go out of business, meaning the judgment would transfer to them. I would not want to risk violating the court order and receiving a more severe sanction. Your obligation would not be void absent a court order. Are you under any type of supervised release, reporting to any probation officer? If so, refer the matter to them. Normally when a business files for bankruptcy and close, all their assets are given to a liquidator, who sells them and distributes them among the creditors, I am sure eventually they would become aware of your case and come looking for you. It's similar to suing a dead person, you sue the estate. Even if the proceedings are closed, they can be reopened upon new evidence. I would err on the side of caution and talk to the creditors, you don't want to risk violating a court order.
Hope the information was helpfull, and sorry about your dilema.
jamest
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience: Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
Verified
jamest and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 years ago
I was given a amended restitution hearing from my judge and he gave the two creditors that feel they should get the money 30 days to prove to him that they should get the money. I received a letter from the judge yesterday and it sounds like they haven't proven to him that they should get the money. He has turned it over to the court commisioner to make the decision. My probation officer is aware of the situation and the judge has ordered me not to pay any more restitution until this has been settled.
Well there you are. IF the judge ordered you not to pay then don't. It may depend on how much money were dealing with, and the creditors relation to the company, how much is owed to them. There is a lot to consider, I just wanted to make sure you were not violating the judges order, I iddnt know if he was aware or not. Just keep proactive, and show diligence, to the judge and your probation officer, that you want to comply and settle the matter.
If there is a hearing with the commissioner, I would attend if you are able, that way you have an idea of what they are claiming, and you don't want it to be a one sided argument. But in the end it depends on the commissioner, some are more lenient than others, and will view these as just blood sucking creditors who want $ at the expense of anything and anyone. good luck with that hearing.
Ask Your Own Criminal Law Question
Customer reply replied 10 years ago
The original amount of the restitution the company wanted was $42,000.00 (over the amount that I charged). I have paid in over $15,000.00 which they did not pay to the credit card that was used by me, they pocketed the money themselves. The credit card company feels they should get the money that is left on the account even though I did not charge the remaining amount. That amount was charged by the owners after I left. But they told the credit card company to make me pay it not them. The other so called creditor was actually a silent partner in the company, but can not admit this to anyone,so he is calling himself a creditor because if he admits it he will have to pay the company that sued the company I worked for, for stealing trade secrets. This is why they finally went out of business, because they were sued for their actions on stealing trade secreets.
If you have any documentation, bring this to the hearing. I say this because honestly the commissioner may be biased against you for your crime, and may believe this scumbag, thats just a fact of law, judges and the like made credibility determinations and a criminal record is a big strike. however if you show up they may be scared you know something, or have some kind of evidence to show this is a fraud on their part. You say part of the charges you were convicted of were charged by them, how did they prove you were guilty if it was after you left? or did they just assume since you did it before, it must have been you?
Ask Your Own Criminal Law Question
Customer reply replied 10 years ago
When this all first started, no one believed me that I did have permission to use the card and when I testified against them in the trade secret trial against them, that is when they came after me and said they new nothing about me having this company credit card. I was sentenced to 3 years in prison and then the judge let me out 1 1/2 years early. When I got home my probation officer is the one who told me that the money was sitting in a trust account because no one had claimed it for the last 2 years. When they sent it to the company it was always returned back to the state. My probation officer is the one who convinced me to file for a restitution hearing. The judge and DA have since found out that the people I was dealing with are scum bags and this is why the judge froze my restitution payments until some type of decision is made. In the letter I received from the judge yesterday, he kept saying "to whom the money shall be paid, if any shall be paid". I have proven to the judge and the DA that they have not paid any money to the credit card company and purposely charged the card to the limit before they closed their doors, then told the credit card company to come after me. It has been proven that the remainder of the bill was all charged after I left.
Well given this I would say the judge is on your side, which is good. You have a good chance, I think, bring any documentation of nay kind, including orders to stop paying or anything which may help your case. Unless this commissioner is a scum bag also, I don't think he will disagree with everyone else. I'm sure your probation officer would vouch that you have been doing everything you can since your release to comply with the courts orders, which is definely a good thing. If you have anything from the Judge or DA which supports your case, thats important too. the fact that the judge released you from jail early is also a positive thing in your corner. All I really can say is be prepared and hope for the best, it's all up to who he believes.
Ask Your Own Criminal Law Question
Ask jamest Your Own Question
jamest
jamest
jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
372 Satisfied Customers
Experience: Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant

jamest is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
How can I get photos and trial transcripts from my husband's
how can I get photos and trial transcripts from my husband's criminal trial? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can someone release my criminal records to my employer?
Can someone release my criminal records to my employer? Also, can I sue my ex-girlfirend if she cause me a problem at my job by releasing my old record?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
My Husband has a criminal record of unlawful use of a weapon
My Husband has a criminal record of unlawful use of a weapon and possession. He did three years and was released August 2004. He served his probation and paid all fines. He has had no further criminal… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can a parent prevent a child from testifying in a trial?
Can a parent prevent a child from testifying in a trial? This is in the case where the child claims to be molested and it's in the state of Ohio.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have no criminal record, but recently discovered a
I have no criminal record, but recently discovered a committment order filed 13 years ago and sealed. I had attempted to buy a .22 pistol and was denied by NICS … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
I am currently in the process of getting my criminal record
Hello, I am currently in the process of getting my criminal record expunged (I have a misdemeanor drug charge from 2003). I am using EasyExpunctions.com for the expungement process. Regarding the peti… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can I be prosecuted for exposing my ex's criminal record to
Can I be prosecuted for exposing my ex's criminal record to his HR manager if sent anomously?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
I have a criminal record dating back to 1984 in Maine when I
i have a criminal record dating back to 1984 in Maine when I sold a 1/4gram of powdered cocaine to an undercover police officer I met in a bar in Portland. But since we made the actual transaction in … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I would like to find out if my criminal record has been
I would like to find out if my criminal record has been exponged. I want to travel to Canada in august … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Will child abuse cases show up on a criminal record in
Will child abuse cases show up on a criminal record in Japan? I know they don't have a child abuse registry so was wondering if a criminal record search was conducted, if that type of record will show… read more
KLAW
KLAW
Juris Doctorate
1,777 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,210 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x