Legal Question in Criminal Law in California

Re:Potential Theft/Grand Larceny Charge

Thanks for the advice, and to answer the question yeah, you are perfectly correct but I do not want to lower myself to his level. Oh, and since he reported, he gave me his new card and pin to buy him ciggs, get myself gas and take out twenty dollars for him. I have the receipts with possibly his fingerprints on them (paranoia has set in). He wants me to go to jail so he can get custody of our son. However, with his record (drugs, weapons, dv, speeding, accidents, child endangerment; CFS was, involved) I find the notion ludicrous. So, if you can adlib I would be appreciative.


Asked on 5/22/09, 8:09 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Re: Re:Potential Theft/Grand Larceny Charge

Yes, this scam is getting all too common. Make a false criminal charge against the spouse and use that in Family Court to try to leverage custody and support obligations. I am a criminal specialist, but not very knowledgeable in family law.

My view is this: You are still married. All debts to support the kids are joint debts and feeding the kids is a joint obligation of law. How could it be theft to buy food for kids on his credit? I don't really see any criminal liability, but I do suggest seeing a family lawyer soon on this issue. You are better off letting a lawyer talk to the police on this "investigation" instead of doing it yourself.

I don't remember where you are. If you are in the SF Bay Area, you can call me for a free consultation. Good luck. What a prince you landed.

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Answered on 5/22/09, 9:04 pm


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