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    Tedie's Avatar
    Tedie Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 12, 2012, 05:22 PM
    If I am a lawyer in California and convicted of Grand Theft Auto Felony, am debared?
    There is a car that my client stole and then left in my possession. The car is clearly in another person name, very expensive, receipt in other person name, etc and only left at my client house for short time with promise that agent of his friend would collect the car. When agent went to collect the car, my client refused to give it to him and kept it and continued using the car despite repeated official letters to hand over car.

    The car was eventually had a STOLEN CAR report filed and I was unaware. However, I did know the attorney for the other party claimed the car is stolen and that my client should hand it over. I filed a court document that my client is claiming the car is his so I will hold the car for "safe keeping". Is this wrong? Especially now that police looking for the car?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Apr 12, 2012, 05:29 PM
    If your client has reasonable cause to claim the car is his then you should be in the clear. Otherwise, if you were aware of a crime, as an officer of the court you are required to report it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Apr 12, 2012, 06:25 PM
    You are a lawyer in California and seek legal advice here? Using faulty grammar such as "in another person name"? What is the California bar exam, a joke?

    A real attorney would be able to research this question.

    And you are contradicting yourself. First you claim that you have been convicted of a felony, and then you say another story entirely.

    Please tell us the true story. Or at least be consistent and believable. :)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Apr 12, 2012, 06:33 PM
    Quote Originally Posted by AK lawyer View Post
    You are a lawyer in California and seek legal advice here?
    Yeah I wondered about that. But the legal profession is not immune to having some lemons. ;)
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Apr 12, 2012, 06:45 PM
    Hello guys:

    He did say, if.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Apr 12, 2012, 06:53 PM
    If you are aware where evidence to the crime is, as a officer of the court you have a obligation to inform the court where the evidence is. It is the police impound duty to hold the evidence till it is cleared in court. Once it goes to a criminal event. As the attorney you do not personally hold the evidence. The min you know there is a report to the police it is theft, you return it.

    I doubt it would get the attorney disbarred, as long as they can show strong evidence that the car belongs to them, bills of sales, receipts of checks and so on.

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