Legal Question in Criminal Law in California

More than check fraud in CA

Does the police in CA have the legal right to file charges on me if I used my estranged husband's debit card for a total of almost $600, or do they have a case if the so choose to file?

My husband is also saying that all of the incurred Internet porn charges we mine too, which I can in turn prove are a lie.

Although, I hold an unwavering stance against fraud I truly thought I was entitled to half of our income tax which constituted over $8000; am I correct? In CA, is his money considered community assets? Can he stop this now, w/o penalty?


Asked on 5/22/09, 9:00 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: More than check fraud in CA

This is a situation which calls for an early intervention by an attorney - before any decision to file charges is made - to convince the investigators and prosecution that this is a legitimate conflict over spousal assets rather than a criminal matter. Once charges are filed it will be more difficult to make them go away. Do not attempt to discuss your case with anyone other than your own lawyer. It is likely that you will make your situation worse.

I recommend you call a couple of attorneys to get a feel for who might be right for you.

Best,

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 5/24/09, 5:48 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: More than check fraud in CA

As a general rule income earned during the marriage is community property. A tax refund on income earned during the marriage would generally be community property. Because of the potential for a criminal charge being filed against you, stop talking to the police or any other person, except your attorney. Often in cases such as this the police and da do not file charges, but you should not risk yourself further by talking about this incident.

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Answered on 5/22/09, 10:15 pm


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