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lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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If an individual is charged with loan sharking but at time

Customer Question

If an individual is charged with loan sharking but at time of trial the witness does not appear, can the state of california still punish the loan shark? If yes, then what type of punishments could result?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  lwpat replied 7 years ago.
It depends on the exact statute under which the person was charged and if the state has enough evidence beyond a reasonable doubt to sustain a conviction.
lwpat and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
So from what i understand the conviction depends on the situation... Would the state of california give the loan sharker a 'warning' and would it be conceivable that they would seize properties for a couple of years without convicting the individual? Is this type of punishment ever given?
Customer: replied 7 years ago.
From what i understand from your answer the conviction depends on the circumstance. Have you ever heard of someone receiving a 'warning'? Does in sound conceivable that a judge would then seize the accuseds properties for two years? Is this type of punishment typical?
Expert:  lwpat replied 7 years ago.
If they seize anything and there is no conviction then they will have to return the property. Warnings are given all the time. I do not know how a judge can seize properties unless the person is also charged. I have seen money seized and no charges filed however, usually during supposed drug stings. The party then has to file suit for return of the money.

Edited by lwpat on 1/3/2010 at 8:01 PM EST
lwpat and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
So just to clarify your answer. From your understanding of the law - without a conviction properties cannot be seized. If the accused was convicted would the state of california ever return properties?
Expert:  lwpat replied 7 years ago.
If property is seized and the person is not charged or conviceted they have to return the property but he may have to file suit. If he is convicted they may or may not have to return the property. In that case it would be up to the judge.

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