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Is there a limited to how many times you can Plea Bargains?

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NetBook

Junior Member
There is a person who was arrested and charged by identity thief and having stolen property who was able to plea bargain herself out of prison allowed to go free with just a slap on the wrist.

This person now believe she is able to always talk herself out of trouble and basically scams people as her full time job.

She almost stolen close to $20,000 by selling items on ebay during a period of a week which she never had. Tried to take the money and run.

I sent her a check and she did take my money and run. If she police arrest her again, can she still use a Plea Bargains to avoid jail time and get a slap on the wrist or is past history enter into consideration?

This women seems to know every trick in the book and believe she is above the law and can never be caught.

Is there anything I can do as the victim to make sure she does not get away with a slap on the wrist for this massive scam?

Thanks
 


CdwJava

Senior Member
There is a person who was arrested and charged by identity thief and having stolen property who was able to plea bargain herself out of prison allowed to go free with just a slap on the wrist.

This person now believe she is able to always talk herself out of trouble and basically scams people as her full time job.

She almost stolen close to $20,000 by selling items on ebay during a period of a week which she never had. Tried to take the money and run.

I sent her a check and she did take my money and run. If she police arrest her again, can she still use a Plea Bargains to avoid jail time and get a slap on the wrist or is past history enter into consideration?

This women seems to know every trick in the book and believe she is above the law and can never be caught.

Is there anything I can do as the victim to make sure she does not get away with a slap on the wrist for this massive scam?

Thanks
You can hire an attorney and sue her.
 

NetBook

Junior Member
You can hire an attorney and sue her.

She is currently hiding behind bankruptcy court issued a letter saying that I can't take any action against her.

However, she did commit a crime and I believe I am within my right to try to press criminal charges against her to see that justice is served.

This women is able to talk her way out of anything and really knows how to play the system. I am wondering how I can press charges which she won't be able to weasel her way out of with plea bargains of community service and a slap on the wrist.
 

Proserpina

Senior Member
She is currently hiding behind bankruptcy court issued a letter saying that I can't take any action against her.

However, she did commit a crime and I believe I am within my right to try to press criminal charges against her to see that justice is served.

This women is able to talk her way out of anything and really knows how to play the system. I am wondering how I can press charges which she won't be able to weasel her way out of with plea bargains of community service and a slap on the wrist.


You can report her actions. The DA will decide whether or not to press criminal charges.

It's entirely possible for her to plea bargain down to a lesser crime and end up with another slap on the wrist.
 

cyjeff

Senior Member
Only a very small percentage of crimes ever see the inside of a court room... most are plea bargained.

However, the bankruptcy is NOT a license to steal... and a court ordered settlement may survive bankruptcy.

It is certainly worth exploring with an hour of an attorney's time.
 

NetBook

Junior Member
Only a very small percentage of crimes ever see the inside of a court room... most are plea bargained.

However, the bankruptcy is NOT a license to steal... and a court ordered settlement may survive bankruptcy.

It is certainly worth exploring with an hour of an attorney's time.

Here is my problem, it would cost me more money in legal fees ( unless I can get someone to help me pro bono) to sue her than I would recover. I am just am regular person who was scammed. I don't have lawyers at my disposal and the pro bono lawyers I have seen online seem like they are only for people with immigration problem.

If there was an organization with lawyers working pro bono for victims of fraud, I would call them in a heart beat.

She does in fact treat the bankruptcy as a license to steal.

From what I have read:

1. Having a judgment against someone offers no more protection in a bankruptcy than a general debt.
2. You are unable to initiate a law suite against them and if there is currently a lawsuit in progress, it must be suspected.

The exceptions to those rule is if there is fraud involved( which there is) and you get restitution ordered by the court which is based on a fraudulent or illegal act.

I do not know if you can do that in small claims court(can they aware judgment based on fraud/would this violate the bankruptcy court order) or if you need the government to take criminal actions against her(ordered restitution)

In additional to trying to recover the money, I would like to make sure she is stopped from defrauding other innocent victims.

She has been arrested 2 times, declared bankruptcy 3 times in the past 10 years. Even with those arrest, she had no problem trying scam me for an large amount of money. She told me that the only way to get my money back was to give her even more money.

This women is not going to stop unless she is locked up in prison.

So basically, I am fighting this war from 3 fronts.
1. Trying to defend myself in her bankruptcy court
2. Recovery of my money without spending more money in lawyer fees.
3. Criminal prosecution to make sure justice is served.
 
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Proserpina

Senior Member
Here is my problem, it would cost me more money in legal fees ( unless I can get someone to help me pro bono) to sue her than I would recover. I am just am regular person who was scammed. I don't have lawyers at my disposal and the pro bono lawyers I have seen online seem like they are only for people with immigration problem.

If there was an organization with lawyers working pro bono for victims of fraud, I would call them in a heart beat.

She does in fact treat the bankruptcy as a license to steal.

From what I have read:

1. Having a judgment against someone offers no more protection in a bankruptcy than a general debt.
2. You are unable to initiate a law suite against them and if there is currently a lawsuit in progress, it must be suspected.

The exceptions to those rule is if there is fraud involved( which there is) and you get restitution ordered by the court which is based on a fraudulent or illegal act.

I do not know if you can do that in small claims court or if you need the government to take criminal actions against her.

In additional to trying to recover the money, I would like to make sure she is stopped from defrauding other innocent victims.

She has been arrested 2 times, declared bankruptcy 3 times in the past 3 years. Even with those arrest, she had no problem trying scam me for an large amount of money. She told me that the only way to get my money back was to give her even more money.

This women is not going to stop unless she is locked up in prison.

So basically, I am fighting this war from 3 fronts.
1. Trying to defend myself in her bankruptcy court
2. Recovery of my money without spending more money in lawyer fees.
3. Criminal prosecution to make sure justice is served.



Get your story straight.

You said here that she declared bankruptcy 3 times in 3 years.

In previous posts, it was 3 times in 10 years.

Regardless, the real question should be, how many times has she been able to actually discharge her debts in bk?

There is a reason for my question.
 

NetBook

Junior Member
Get your story straight.

You said here that she declared bankruptcy 3 times in 3 years.

In previous posts, it was 3 times in 10 years.

Regardless, the real question should be, how many times has she been able to actually discharge her debts in bk?

There is a reason for my question.

I am sorry, that is a typo. It is 3 times in 10 years.

2000, 2004, 2010.

I found the information on a pay search called beenverified.com

The 2004 was a chapter 13 and the 2010 is under a chapter 7. I guess there is a 6 year waiting period between the two bankruptcy and she is doing it 6 years on the dot.

The information I am looking at does not really say who won the case. How exactly do you know if she was successful in her attempt based in the filed document.
 
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