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THEFT BY CONVERSION (misdemeanor)

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Dafilmmaker

Guest
What is the name of your state?What is the name of your state? GEORGIA

Is this criminal? Or is it civil?

I worked on an Independent film from top to bottom. I was owed money for the services provided and worked out a settlement with the complainant that was never fulfilled. Complainant called requesting pick up of RAW FOOTAGE tapes from post production house. With complainant’s permission, I picked up tapes and signed off on them. I received a message days later from complainants son to get tapes. With start of new film production, became too busy to return call or call about settlement delay, 2 weeks went by before receiving another call. Complainant demanded return of tapes. I said no problem, but I was busy with new film production, would have to meet the next day. Complainant called 3 TIMES that day with vague violence threats to me and a death threat to a close third party (these were recorded). I received call from the SON the next day and told him that I didn't feel comfortable meeting with them and to please mail remaining payment so I can mail them the tapes to amicably severe our ties to one another. Days later, I was arrested for misdemeanor Theft By Conversion. First offense. Complainant told State Solicitor that he doesn't me payment, that I stole the tapes and I'm refusing to return them. Payment remaining equals a little over $5,000. We have the film producer as witness to payment info, as well as vague contract documentation.

Our contracts are very vague with some things "written into" the document. I did not record conversations I had with complainant regarding payment owed or settlement made. I didn't pay for the tapes or salaries to the individuals I hired for the film. But the work I did is directly linked to what is on the tapes. I had no intention of holding the tapes until I got the threats from Complainant. Threats on tapes are vague and death threat was directed towards me through a third-party that is my friend. I was offered a dismissal by arresting officer days before arrest to surrender Tapes to here for warrant to be canceled. Before my lawyer friend could find out if call was legit, I was arrested. State Solicitor offered me a dismissal if I surrendered tapes to her to give to complainant. I chose to present my case to a judge instead to determine if anything I did or have done was a crime that warranted an arrest.
 


I AM ALWAYS LIABLE

Senior Member
Dafilmmaker said:
What is the name of your state?What is the name of your state? GEORGIA

Is this criminal? Or is it civil?

I worked on an Independent film from top to bottom. I was owed money for the services provided and worked out a settlement with the complainant that was never fulfilled. Complainant called requesting pick up of RAW FOOTAGE tapes from post production house. With complainant’s permission, I picked up tapes and signed off on them. I received a message days later from complainants son to get tapes. With start of new film production, became too busy to return call or call about settlement delay, 2 weeks went by before receiving another call. Complainant demanded return of tapes. I said no problem, but I was busy with new film production, would have to meet the next day. Complainant called 3 TIMES that day with vague violence threats to me and a death threat to a close third party (these were recorded). I received call from the SON the next day and told him that I didn't feel comfortable meeting with them and to please mail remaining payment so I can mail them the tapes to amicably severe our ties to one another. Days later, I was arrested for misdemeanor Theft By Conversion. First offense. Complainant told State Solicitor that he doesn't me payment, that I stole the tapes and I'm refusing to return them. Payment remaining equals a little over $5,000. We have the film producer as witness to payment info, as well as vague contract documentation.

Our contracts are very vague with some things "written into" the document. I did not record conversations I had with complainant regarding payment owed or settlement made. I didn't pay for the tapes or salaries to the individuals I hired for the film. But the work I did is directly linked to what is on the tapes. I had no intention of holding the tapes until I got the threats from Complainant. Threats on tapes are vague and death threat was directed towards me through a third-party that is my friend. I was offered a dismissal by arresting officer days before arrest to surrender Tapes to here for warrant to be canceled. Before my lawyer friend could find out if call was legit, I was arrested. State Solicitor offered me a dismissal if I surrendered tapes to her to give to complainant. I chose to present my case to a judge instead to determine if anything I did or have done was a crime that warranted an arrest.


My response:

Is this criminal? Or is it civil? It's both. Criminal from a theft standpoint, and Civil from a damages standpoint. I don't buy your story, just like the DA doesn't buy your story. I'd take the offer if I were you.

By the way, are they still filming the "Dukes of Hazard" or was this a new film, having to do with the massacre at the trailer park?

IAAL
 
D

Dafilmmaker

Guest
reply

I'm told that maybe a reason why everyone's so quick to dismiss the case is because it's a weak, trumped-up charge in the first place.

I'm also to told that these tapes fall under "work product" and generally when production companies/studios don't get paid, they hold on to masters, tapes, film and/or footage.
 

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