I caught it right in the beginning, so there is no financial loss. But mor importantly, I lost my family-my brother and nepher. My mom is devestated and hasn't heard from her son in over 6 months. Our family is torn. I can choose to send her to jail or probation. What would you do in my situation?
2006-10-10
03:36:38
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16 answers
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asked by
Anonymous
in
Politics & Government
➔ Law & Ethics
I forgot to add that 2 weeks before this happend, I loaned my brother money. I want to make sure I get this money back. I fear that her in jail and out of work will result in a big delay on getting it back. The money is my savings and is important to me. May sound selfish, but it is hard to save money adn I worked hard to do just that.
2006-10-10
03:38:46 ·
update #1
I forgot to add that 2 weeks before this happend, I loaned my brother money. I want to make sure I get this money back. I fear that her in jail and out of work will result in a big delay on getting it back. The money is my savings and is important to me. May sound selfish, but it is hard to save money adn I worked hard to do just that.
2006-10-10
03:38:48 ·
update #2
I think you should try to resolve this without the cops. Identity theft can carry guidelines of 2-4 years in some states, which is one thing to think about. On the other hand you may be able to use your ability to prosecute as leverage to get your money back. That's what I would do. Tell your brother that he needs to start making payments on the loan and you won't throw a case at his wife. After all you are owed the money, so it's not unethical to use what's in your arsenal to retrieve it. I'm sure you would see your money start coming in if you did this. Even though it would upset them (and look at how upset you are), they would feel relieved that you didn't send her to the joint.
I love key lime pie is totally right-You have nothing to do with whether she gets probation or jail time. I happen to think it could be prison then parole (depends on the state and which charges she ultimately gets).
Once you present the facts of the case to the police, it will surely get bonded over to a circuit court from the district. Identity theft is the fastest growing crime in the country and they have harsh penalties for it. It will be up to the D.A. to decide which charges will be brought. Even if you showed up and asked for leniency, the judge still has guidelines he/she normally stays within, and trust me, it wouldn't help much anyway.
2006-10-10 04:45:42
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answer #1
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answered by Anonymous
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To be honest, the choice of jail or probation is not up to you. You seem to think you have a lot more power than you actually do.
And if you caught it in the beginning, all she may get is a few hours of community service.
I think the deciding factor for me would be what kind of a person she was before this happened and more importantly, why she did it. If she had been in some sort of desperate circumstance, I would try to find it in my heart to forgive her and forget about it. If she is just a thief who looks for every opportunity to scam someone, I would cooperate with prosecuting her.
I wouldn't count on your brother paying you back if he isn't even speaking to you at this point.
2006-10-10 11:34:15
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answer #2
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answered by BoomChikkaBoom 6
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Yes. Start proceedings and move on it as quickly as possible. Her going to jail isn't your fault...it's hers. And as for the money you are owed, start a payment plan with your brother that is reasonable and affordable for him. Even if it's just $50 a paycheck, it's something and will hopefully keep you from having to ask for the money. Sadly, you may have to go through court proceedings to get it. Give him as many chances to set this right, but do not become a victim just because he's family. When situations like this occur, it is not the victim's fault. It's the fault of the perpetrator, and it's up to you to ensure you and your family are protected. Even when the perpetrator is one of your own.
2006-10-10 10:47:18
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answer #3
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answered by Brianna 3
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I personally would not press for jail, probation would be enough for me. Sending your brothers wife (and mother of his child) to jail would surely end any prospects for a positive future between you all, and I can't see him happily calling you to advise he has a hefty check for you after jailing his wife. He must be mortified at his wifes actions and completely torn....
At the end of the day, its about the relationship you want to keep with your brother and your nephew....so contact your brother and ask to discuss the issue with him if possible. Perhaps you could let them know that you are extremely disappointed but you just want to get on with family life, so you won't press for jail, so long as they make every effort to fix the problems they have created within the family so everyone can move on.
2006-10-10 10:54:59
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answer #4
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answered by mildly_adiktiv 2
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Could she do it again? I had a friend whose sister-in-law had the same name as her and while my friend never got in trouble the sister-in-law was always in trouble and always had warrants out for her, etc. Everytime my friend got stopped by the police she would get hauled in to jail and then have to prove that she was not the one they wanted. She now has to carry legal form stating who she is and that she is not her sister-in-law.
The judge and the law in your state will deal with your sister-in-law as far as punishment goes. You just need to tell the truth about what she did. As far as the money you loaned your brother - don't hold your breath waiting to get it back. He is obviously no better than his wife and will take your family for anything he can get. I am sorry about your nephew, tho, as he is the one who will ultimately pay the price for his parent's bad behavior.
2006-10-10 14:44:14
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answer #5
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answered by Kate 3
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Your brother most likely never intended to pay you back, and as far as your sister-in-law goes, what if you had not caught her in time?
Look at the mess she would have caused. I would certainly prosecute.
Family members like that will always cause grief to the rest of the family. It will be a never ending cycle.
2006-10-10 10:43:57
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answer #6
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answered by festus_porkchop 6
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I certainly would press charges! If your family members can't accept that fact, then it's their loss. Given time they should come to understand that you are the victim here, not your errant sister-in-law.
If your brother is an honorable man, he'll pay his debt to you. If he doesn't -- well, you know what that means...
Sorry that you have to be the demon for someone else's misconduct. Bad things do happen to good people...
2006-10-10 11:28:55
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answer #7
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answered by Bostonian In MO 7
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Yes I would. Indentity theft has got to be the worst kind of theft. It not only results in the theft part, but it can destroy a persons life and it can take many years and lots of extra money to recover from indentity theft.
2006-10-10 10:40:20
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answer #8
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answered by Anonymous
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Prosecute! I was assulted in my home by my son in law. He was drunk and looking for my daughter. He broke my leg! We had hell in the family for a long time and it was very difficult. I let my daughter and son in law talk me into not showing up for court, and in exchange for not showing up, he would pay off my medical bills. I did not have insurance. My employer would not give me a sit down job, I was off work, lost my home and he is now free and clear. I have $1500.00 worth of medical bills to pay. (He never paid a dime)
2006-10-10 11:22:39
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answer #9
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answered by kandekizzez 4
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yes prosecute,probation usually teaches teenagers a lesson , but for grown-ups they should REALLY know better and she will think twice about jail before she does it again
2006-10-10 12:21:57
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answer #10
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answered by ? 3
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