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  1. #1
    Join Date
    Nov 2011
    Location
    san francisco
    Posts
    1

    Default Could a Gift Turn into a Probation Violation if the Individual Wants It Back

    My question involves criminal law for the state of: NEW YORK and CALIFORNIA

    I am a professional jazz musician. Last year, I had an argument with my wife. It was a bad argument where she got scared. A neighbor called the police.
    Although no physical contact was made. I was arrested and went to jail. I ended up getting convicted, did more jail time and was put on probation.
    I guess I now know that yelling has become a domestic violence offense out here in CA ( and probably a good revenue maker for the county ) and will avoid raising my voice.

    So, here I am on probation until the end of next year 2012. I get a proposal from a well known instrument manufacturer and seller in New York. I reside in San Francisco.
    He proposed I represent and endorse his brand and in return, he will sweeten the deal with a new instrument for me, plus fly me to the MidWest Band Clinic in Chicago coming up next month Dec. 2011.

    He sent me the incentive gift. no invoice. no receipt or contract....nada!
    He never said it was a temporary item or a loan or anything with that effect...until our deal went sour about a month later.

    He also wanted me to promote this instrument in many ways including making a video type commercial with me playing and putting it on youtube.

    To make a long story short: There was no written contract, mainly verbal although in one email to a college music professor, he agrees that he is sponsoring me.

    Well, at his insistence, I spent about $1200 for hotel and plane to Chicago where I would be performing with various bands plus doing demonstrations at the clinic.
    I was to be reimbursed $700 immediately upon presenting my proof of tickets and hotel.

    So, upon sending him my receipts, he tells me he can let me stay in his hotel room for free and that he would only reimburse me at the end of the week-long clinic.

    I told him no dice. I have just spent $1200 and besides the gift of the instrument, I have received nothing.

    His response was our deal is off. Send back the instrument he gave me or he will try to get me violated on my probation for theft...fraudulently taking property from an elder....he is 81 years old.

    I responded with a bill for time worked plus the cost to make the commercial I had made plus my $1200 loss for air and hotel. The amounts come to more than $5000.

    He responded back saying he won't pay me for anything...not even the hotel and tickets and that if I don't send him back the musical instrument, he will immediately file a fraud and theft claim with san francisco police and that the bail I pay to get out will equal or be more than the cost of the musical instrument ( which is about $2000 ).

    My feeling is that I would like to just sell the instrument. Upon doing so, I would have about a $3000 loss instead of a $5000 loss.
    But, he's got my number, because I don't know if SF police will immediately come and arrest me once they find out I am on probation.

    Of if the D.A. will wait 4 months and then violate me when I least expect it.

    By the way, I never told this individual I am on probation, I found out he did a full background check on me.

    To me, this seems like a civil issue that he is manipulating into a criminal issue since he found out I am on probation.
    I am not a rich guy at the moment and losing close to $5000 in time and money spent plus losing the $2000 musical instrument gift is quite a hit for me and my family to take....especially around the Holidays

    Any ideas?
    Can someone point me in the right direction?
    Or, just tell me if I am screwed, send him back my incentive gift and go apply for foodstamps and welfare.

    Please help if you can. THANKS.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Could a Gift Turn into a Probation Violation if the Individual Wants It Back

    Send it back and file a civil suit. provided that an astute business savvy cat like you have the travel deal and compensation in order.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Could a Gift Turn into a Probation Violation if the Individual Wants It Back

    Discuss the issue with your probation officer, if you don't want to just send back the instrument.

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