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  1. #1
    Join Date
    Apr 2013
    Posts
    2

    Unhappy Misappropriation of Funds from a Trust

    My question involves criminal law for the state of:maryland, florida
    My brother recently got a civil judgement against me for misappropriating funds from my mother's trust. This was in a Florida circuit court. I did not appear nor offer defense at the civil trial in Florida.I live in Maryland. My mother and brother both live in Fl.. However, when I was cotrustee, the monies were in Maryland.
    My brother has a vendetta against me, and I suspect, with reason ,that he is trying to obtain criminal charges against me for felony theft. I am innocent and am confident I would win in a criminal court of law. I am paranoid,however, that I can be arrested and incarcerated. Is there any way I can nullify his efforts and prevent criminal charges and arrest? Would it be advisable that I speak to a State's attorney? If he presses for criminal charges in Florida, would I be picked up on a warrrant in Maryland? I have no criminal history, but am petrified of jail.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,763

    Default Re: Misappropriation of Funds from a Trust

    You shouldn't have just ignored the civil complaint.
    He can certainly make a complaint in whatever state the alleged theft took place. It's up to the State's Attorney (in Maryland) or the State Attorney (Florida) whether to proceed to try to get an indictment.
    If you have any contact with a prosecutor or get wind a warrant or indictment you need to hightail it to a lawyer immediately (in fact I'd be researching them now). Since they know where you are, it's quite possible that if a warrant is issued in Florida they will come get you. Even if they don't proactively, any run in with the Maryland law enforcement will result in them detecting the felony warrant and result in your arrest while they decide if Florida wants to come get you.

    You need to stop sticking your head in the stand and be proactive. No you do not what to talk to the prosecutor. You want to talk to your own lawyer.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,020

    Default Re: Misappropriation of Funds from a Trust

    Quote Quoting ljpmd
    View Post
    My brother recently got a civil judgement against me for misappropriating funds from my mother's trust. This was in a Florida circuit court. I did not appear nor offer defense at the civil trial in Florida.
    Incredibly dumb move.

    Quote Quoting ljpmd
    View Post
    I live in Maryland. My mother and brother both live in Fl.. However, when I was cotrustee, the monies were in Maryland.
    Then you could have filed a motion to dismiss on the grounds that the Florida court didn't have "personal jurisdiction" (google it) over you. A dismissal in Florida would have forced your brother to sue you in Maryland where you would have had the home field advantage.

    Quote Quoting ljpmd
    View Post
    My brother has a vendetta against me, and I suspect, with reason ,that he is trying to obtain criminal charges against me for felony theft. I am innocent and am confident I would win in a criminal court of law. I am paranoid,however, that I can be arrested and incarcerated. Is there any way I can nullify his efforts and prevent criminal charges and arrest?
    No.

    The authorities decide whether or not to bring charges. There's nothing you can do to stop the arrest. If it happens you post bail and hire a criminal lawyer to defend you.

    Quote Quoting ljpmd
    View Post
    Would it be advisable that I speak to a State's attorney?
    Waste of time. The State's Attorney won't give you the time of day.

    Quote Quoting ljpmd
    View Post
    If he presses for criminal charges in Florida, would I be picked up on a warrrant in Maryland?
    Possibly.

    Quote Quoting ljpmd
    View Post
    I have no criminal history
    Might mean something at sentencing if you get convicted but meaningless otherwise.

    Quote Quoting ljpmd
    View Post
    but am petrified of jail.
    So is everybody.

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