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We are involved in a criminal & civil real estate fraud ...

Sent to Legal Experts November 02 02:36 PM

We are involved in a criminal & civil real estate fraud case. Most of the people have filed civil & criminal complaints. The criminal case has been settled through a plea bargain. The issue of restituion has been left to settle. The plea bargain states that "For the negotiated disposition of allowing you to plea to the Civil Code Violations, you will agree that any determination of restitution will be made according to Penal Code Sections 1202.4 et seq., Penal Code Section 487 (a), 532(a) and supporting case law" There is no criminal case law. The civil attorneys requested to be part of the restituion hearing for a "global settlement" The judge asked all parties to try to work on settlement prior to scheduling a hearing. The settlement process ended due to the civil attorney requesting fee's twice the amount the actual victims have requested. My question is this...can the victims collect restitution from both sides and are we bond to settle criminal with civil?

 

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Modesto, California

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To get a straight answer from both attorneys, they avoid the question

Customer (name blocked for privacy)
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November 2 2:50 PM (13 minutes and 36 seconds later)
         
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Matt Kesler -- Researcher/Law Student -- 99% Positive Feedback on 1282 Legal Accepts
A year away from my J.D. and I've handled my own legal issues involving the business I own for years
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November 2 2:53 PM (3 minutes and 16 seconds later)
         
Are you from California Mike?
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November 2 3:01 PM (8 minutes and 8 seconds later)
         
No, I am located in North Carolina.

However, this seems to be a fairly general settlement case with the only aspect truly unique to California being the wording of the included Code (which I have read and submitted portions of to explain).

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Matt Kesler -- Researcher/Law Student -- 99% Positive Feedback on 1282 Legal Accepts
A year away from my J.D. and I've handled my own legal issues involving the business I own for years
Reply
November 2 3:05 PM (3 minutes and 30 seconds later)
         
Yes, the code that we pleaded to was c.c. 1695 which I believe is unique to California. The code is written to protect homeowners who are facing foreclosure. It is a wobbler law and can go either civil or criminal. Sorry Mike I know you time is valualbe and I have already read the code sections that you sent me. I need someone that knows California law.
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