A friend of mine had two warrents on him and was arrested from an estate case. He was the executor of the estate and he took the money that was in a bank account with only his name on it. The money was suppose to be split with his 2 sisters and brother but he used it instead. He was arrested for not going to the court date that was set for failure to appear and the other was for theft D felony. He has 3 court dates to go to one is for the not showing up. The other two are for the theft of the money. Can anyone possibly tell me what may happen to him in all this? He has no criminal hostory at all this is the first time anything has ever gone on with him at all. Im trying to find out what may happen because he has a family to take care of. What should he make sure he does before court to ensure things go easy on him?
2007-12-30 04:22:48 · 4 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
The one who filed the charges on him for takeing the money stole the money their momhad in her bank account since she had the check card when their mom passed. And she was suppose to split their moms life insurance policy but she kept it to buy herself a new car. My friend used the money he took to make a better life for his wife and kinds since his sisters and brother basicly stole everything they could get from theiir mom.
2007-12-30 05:32:19 · update #1
There seems to be alot going on in your post. However, it souds like he embezzled the money he was in charge of as executor, had to go to court for that case and possibly another hearing. For some reason he failed to show up for his court date and was issued a bench warrant for his arrest.
The police arrested him for having an outstanding warrant, and has two more court dates that he needs to attend. Obviously your friend needs to show up for his court dates or face having more warrants issued for his arrest.
Second, if he has an attorney, I would do whatever his attorney advises him to do. Assuming your friend still has the money, it would be a good idea to return it before he goes to court.
As for what happens to him, that will be up to a judge. If he was arrested for failure to appear, so he now has a criminal history. Typically, judges aren't to thrilled when people fail yo show up for court. However, being apologetic toward the court and his victims would be in his best interest too.
If he has a family , then he should have thought about the potential consequnces before he did that. He won't be any use to his family if he gets sent to prison. Not trying to be a jerk, just trying to be honest.
2007-12-30 04:46:10 · answer #1 · answered by Anonymous · 1⤊ 0⤋
He has a criminal history now. He will probably be sentanced to as much as 5 years, but only do about 1/4 of the time he gets. Between good behavior-if he behaves in stir-and prison/jail over crowding, they will need his cell for more serious felons...like tax cheats, and he will get out early. If he admits to everything, and makes full restitution, and pleads guilty rather than going to a trial, he will get less time...perhaps even just probabtion rather than prison. Your friend is a scumbag. It was his job to consider his family, and so not commit a crime. It is not our job to worry about his family now that he has committed a crime. From the sounds of it, his family will be better off without him. Anyone who would steal from siblings would do just about anything else.
2007-12-30 12:48:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
as the executor he will be responsible for the distribution of funds?
if spent the payback to the wills request will be enforced to the letter.
restitution is in order and misappropriation of fund should be a lesser charge.
depending on how far the prosecutor and his attorney can agree upon a settlement.
bad judgment is an entire case itself.
how far and to what extent are the heirs taking this case? what do they feel is justice in this matter?
he had best get a good attorney asap
2007-12-30 12:39:10 · answer #3 · answered by ahsoasho2u2 7 · 1⤊ 0⤋
You say he has "family" to take care of?Arent his bro and 2 sis' family?Stealing in general is foul,but stealing from family is absolutely repulsive.You seem really worried about this guy,and I want to tell you to stop worrying.He dosent sound like he's worth it.
2007-12-30 13:14:51 · answer #4 · answered by M 7 · 1⤊ 0⤋