Legal Question in Criminal Law in Florida

Corporation and theft by conversion

I owned a business that was incorporated. I was estimating payroll (as they were paying employees under table and employing illegals) and performing expert witness services for 2 lawsuits for this client, I have a set off clause and a retention and non refund clause, and kept a good bit of deposit, that person owed still some 21 k in fees, performance was completed on contracts for lawsuits. I have 55K in court documents and 28K in accounts receivable analysis performed at some 240 hours + alone, to prove this. I just fired my lawyer as I am fairly sure he just wanted the funds to go to trial. I was arrested as a person, have contracts. I do by contract have no right to repay do I, as the statue states permission could I get dismissal under FCP 3.190 failure to have probable cause and due process violations arrested the wrong person? (person for corporation)? Being this with theft, is hearsay "I" was the accountant, No The corporation was their contracted accountant. I have a shareholder agreement with my company waiving all liability, under being 607.0732 and 607.0831. I think this lawyer was taking advantage of me to have to go to trial just told me that he only gave one contract. I was under the impression that as a corporation, I could not be singled out , or have any liability for a criminal suit and that the customer would have to file a civil suit. I also have an arbitration clause and estoppel clause also, is that a venue or jurisdiction clause violation. The prosecutor has the contracts and knows and wont back off or dismiss but my old attorney haven't field a motion to dismiss either.

Can you please clarify this matter for me.? Does 608.701 "piercing the veil" not apply, if so why? is this not a due process violation of my civil rights? As in Santa Clara vs. Southern Pacific? I can not afford another one so I am getting a public defender... can you help clarify the law? So I don't get screwed more..


Asked on 1/25/16, 1:01 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

There is no way that ANY attorney can your question on this forum. These types of "white collar" crimes and allegations are EXTREMELY complex, and your questions can't be answered on an open forum. You need to sit down with an attorney and go through the finer details of your case. You will probably need to pay for that attorney's time to get their opinion since you don't seem to be comfortable with your current attorney. However, it will be worth whatever the cost. You're trying to get free legal advice, but this kind of question is not suited for that. I'm certain that you don't want to run your business by doing free work, and neither does an attorney you hire. I make no comment as to whether your attorney was trying to get more money out of you. Maybe they were and if so, that is why a second opinion is crucial. On the other hand, the answer may be that your attorney was merely asking for his fees to go to trial. Trials are very time consuming in their preparation. You pay for the attorney's time and experience. if you want clarification on the law so that you don't get screwed, then get an attorney. If you can't afford an attorney, then ask your public defender. Good luck.

Read more
Answered on 1/25/16, 3:16 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida