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Can charges be filed for exploitation of an elderly person…

Can charges be filed...

Can charges be filed for exploitation of an elderly person if adult protective services is still investigating the case to determine its validity?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?

Oklahoma, yes the DA has filled.

Lawyer's Assistant: Has anything been filed or reported?

Yes, family is fighting the ones that have managed to get power of attorney are trying to control and manipulate who can see and dictate what conversations they can have. They are hiding information from the elderly person. Elderly person had grandchild take her to the bank so she could remove some money to put in a safe place as she felt something was wrong. They called adult protective services to investigate that the money was exploited. The adult protective services agent was investigating and was in the process of recollecting the money from the safe place when the warrant was issued by the DA. Adult protective services had not turned in his report as new information has came up and he is now doubting the original accusation. The reporting family refuses to accept any of the money, so it’s not really about the money but their control.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is all, just want to know what we can do to put the charges on hold until the adult protective services can determine if the case is valid. The person being charged is in the military reserves, if the warrant is carried out he will be court martial. Lose his job, and his cdl license and will never recover. And is willing to give back the money.

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Answered in 20 minutes by:
3/8/2018
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,758
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Filing charges requires probable cause. Until APS and law enforcement (if involved by APS) completes their investigation and determines that probable cause for financial abuse of the elderly exists, the DA will not have probable cause. So the DA may have filed charges based on the incomplete investigation of the APS investigator and if they did so, then there is going to be no probable cause and any of the defendants could file for a preliminary or probable cause hearing and put the APS investigator on the stand to testify and the DA would have to dismiss the charges if the APS investigator testifies as you state.

IF the DA issued a warrant and filed charges prematurely it is not going to look great for the DA. It this happened, it is best the defendant get a local attorney to approach the DA (the DA will not speak to the defendant) with the evidence from the APS investigator and show the DA there is no crime and seek to get charges withdrawn, which the DA can do.

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Customer reply replied 5 months ago
Thank you for the information, we are contacting the APS agent this morning to see what he found out at the DA office yesterday as he was very mad that they had filed charges. Then we will contact a legal aid attorney to see if he qualifies for their assistance if we need to go that route.

Thank you for your reply.

You have to use an attorney because the DA will not speak to you or him as defendant. Legal aid does not handle these cases the public defender's office will handle them and they are not much assistance until he is in court. So, for something like this, where it is this important to his job and career, why would you want to use one of those overworked public defenders instead of spending $1500 and doing it right the first time, but that is your choice and I know money can be tight, but this is important enough to put money together to get dismissed sooner rather than later.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,758
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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