Legal Question in Credit and Debt Law in Tennessee
Sister checked in
My father is 78, mother 71, father had quad bypass surgery 3 yrs ago, is on sev different meds & somewhat disoriented, my sister who is 34yrs has been in jail off and on for the past 5 yrs she has 4 children & has lost custody of all of them the last 3 were born addicted to seditives,booze,etc she has lived with my parents and constantly stoled their money, hit them and generally been abusive,adult protection services have been involved they have taken out two restaining orders but have dropped them she has now stolen my fathers checks and taken them to chain and various quick markets in the areas where they live,some of them she has forged , some she forced him to sign saying that she was buying groceries's for them or the children on 3,he was in the car & the store manager came out to verify the checks, which he did, the other checks she just stole and took to the stores he wasn't present they took the checks on his account without his being present and she signed them using his name he has been paying these but he is on a fixed income and now he has a courtdate 10/29 of $1000 she has written, this has been since 4/04 he has agreed to power of attorney & signing over his rights what can we do to keep him from criminal chgs
2 Answers from Attorneys
Your father
Your father was a victim of checking fraud. It is outrageous for the district attorney to even consider criminal charges against your father. If you will testify on your father's behalf, I suspect no judge will convict him. For one thing, he may not be mentally competent to stand trial. Second, how was your father indicted? Was there a grand jury? If he is convicted, it has to be proof beyond a reasonable doubt. If your sister stole his checkbook and wrote checks without his permission, then that clearly creates reasonable doubt as to whether he intended to write checks that bounced. If you have money to see a criminal lawyer, then that should be your next step. If you can't afford one, then you need to bring forward lots of evidence to show your father did not intend for these acts to occur.
Re: Sister checked in
Contact a criminal attorney. I have names of several good ones if you would like to contact my office. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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