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Curtis Lamar Harrington Jr

Curtis Harrington’s Answers

2,788 total


  • Can I sue the business where a burglary occurred, instead of the person who reported me to the sheriff and had me arrested?

    A year ago I was wrongfully arrested and charged with felony burglary, reduced to misdemeanor burglary. I was released from jail on $1,000. bail. The evidence was a grainy video surveillance tape that was viewed by the person who reported me to ...

    Curtis’s Answer

    What would be the measure of damages:
    -against the store?
    -against the "advice from the public defender" to plead guilty to something you did not do? If you told your defense attorney that you DID NOT DO THE CRIME, WAS NOT THERE, & ARE COMPLETELY INNOCENT-- How could the defender advise you to plead guilty?

    Did you allocute? Did you tell untruths during your allocution?

    See question 
  • I owe the IRS and CA state taxes for taxes filed in October of 2009. Can I file Bankruptcy now and eliminate them?

    In Oct. 2009 I filed my taxes and ended up owing income tax to the IRS and CA state ($30,000 combined) from a 401K I cashed out due to a hardship. They also have a lien on my home. If I filed Bankruptcy after October 2013, would I be able to el...

    Curtis’s Answer

    Your facts are terse. You say oct 2009 but is this for FY2008? or was tax filed after the due date?

    Was there an SFR filed by the government?

    Did you check transcripts for SFR and for Assessment?

    Did you do anything that would be tolling? Offer in compromise? Collection Due Process?

    You said "negative equity"; is that $1 or $100k? Don't necessarily expect the trustee to allow you to keep your home; as some trustees demand a short sale with compensation to creditors based upon a carveout from the bank's end.

    And if its a chapter 7, you know that if you get the nightmare trustee who takes your home, that you can't back out of it without court permission.

    Was there absolutely no fraud of "other than honest dealings" with regard to the tax returns?

    See several attorneys; and don't trust anyone who does not view your obtaining a transcript as an absolutely necessary step toward the judgement of characterizing the taxes as to their dischargeability.

    Curt Harrington
    Certified Tax Specialist -- State Bar of California Board of Legal Specialization (J.D.; LL.M.-Tax)
    Electrical(M.S.E.E.)-Chemical(M.S.Ch.E.)(B.S. Chemistry)-Mechanical Patent (Intellectual Property) Attorney & MBA (562) 594-9784 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/
    http://patentax.com/library/lecseries/micro.html

    Please remember to designate your question's BEST ANSWER.

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  • Federal criminal matter, Sufficiency of evidence challenge and Rule 50.

    Charged and convicted in federal court, Central District of Illinois. 126 large black bags dumped in a field. 6 bags were tested and tested positive for asbestos. Defendant claims that this was insufficient to establish that 260 linear feet of asb...

    Curtis’s Answer

    This is what I find:

    Violation of Asbestos NESHAP during demolition/renovation

    Elements:

    Person who is a owner or operator of a demolition/renovation operation involving the disturbance of regulated asbestos material of at least 260 linear feet on pipes, 160 square feet on another facility components, or 35 cubic feet off facility components
    Knowingly
    Fails or causes another person or employee to fail to comply with any of the work practice standards in 40 C.F.R. 61.145, or waste disposal standards in 40 C.F.R. 61.150

    Statute: 42 U.S.C. 7413(1)

    Penalty:

    5 years and/or fines pursuant to 18 U.S.C. 3571.
    Penalties doubled if second or subsequent conviction.

    Relevant Regulations:40 C.F.R. 61.140, 61.141, 61.145, 61.150

    --------------------------------------------------------
    From an engineering standpoint, I find the use of linear measure disturbing. Coating on 2 inch pipe for cold service insulated from a hot environment will be much different in volume and weight than an insulatory coating on a 2000# steam line.

    160 square feet should also produce different weights depending upon whether it was from a ceiling or wall, how high on the wall and whether concrete or plaster was mixed with the sample.

    35 cubic feet is at least volumetric and suggests that it "might" be more of a pure asbestos quantity.

    What also disturbs me in your question is that a "large black bag" may not be uniformly filled to the same degree of capacity, and might contain other non-asbestos weight bearing components.

    Of further worry is that you didn't indicate how the 6 bags were selected for test.

    Of further worry is that the "test" didn't indicate the percentage of volume and/or weight in the bag.

    Conversely (even thought measurement wise, the 260 linear feet is arbitrary), the sections recovered should have indicated pipe size and an outer diameter. One piece of that material might have been assayed to determine content.

    It seems to me that a lot of argument could be had if these 126 bags were still around.

    In an experimental design, I would have at least weighed the bags before selecting ones to test,,,, but I would have assayed the bags tested. If the linear footage was used, and assuming a same size pipe and outer diameter coating, I would take the assay and try to convert to the 35 cu ft standard, and argued like the dickens.....

    If those bags are still around, and assuming you didn't waive appeals, it may be time to get serious with the math. Of course, I don't know what else might have been in those bags. If they were pure pipe coatings with a uniform construction, and given that a density of asbestos can vary based upon how shredded it is, you might mathematically be able to get an equivalent volume or weight if you knew the weight of the bags and if you had a radial sectional sample of the pipe insulation.

    Legally, the linear measure might make a nice equal protection argument..... (1 inch pipe versus 24 inch pipe) ((using linear measure is not smart. ))

    I can't tell if the convicted person is you or someone else, or if this is an academic exercise based upon a newspaper article.

    The convicted person should talk to their appeal attorney......

    Curt Harrington
    Certified Tax Specialist -- State Bar of California Board of Legal Specialization (J.D.; LL.M.-Tax)
    Electrical(M.S.E.E.)-Chemical(M.S.Ch.E.)(B.S. Chemistry)-Mechanical Patent (Intellectual Property) Attorney & MBA (562) 594-9784 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/
    http://patentax.com/library/critical.html
    http://patentax.com/library/lecseries/micro.html

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  • If your on parole and you use someone else's childs social securtiy on their taxes what are the consequences ?

    What would be the consequences if anyone used your childs social security on their taxes what would the consequences be ?

    Curtis’s Answer

    First, since there is no federal parole, I'm assuming the persion with previous conviction is a state conviction.

    I am assuming that the parolee is helping a rich dude take a max deduction having a value of about 3900 which at 40% marginal tax rate is worth about $1600

    Or, someone is trying to claim a child credit of about $1000

    Two people (the one supplying the child's social and the person receiving the child's social) have to conspire to violate the tax laws and thus both are guilty of 18 USC § 371 - Conspiracy to commit offense or to defraud United States ..

    This carries a penalty of 5 years in prison. Federal time is served at 87% and so that equates to about 4.6 years of hard time. However, there is a sentencing enhancement based upon prior bad acts (the offense for which the parolee was paroled).

    Criminal history is not known completely, but a single felony adds 3 points and very likely puts a sentance at a little over a year, however, other bad acts (even that do not result in conviction) can add more points.

    Assuming that it is the convicted felon who uses someone else's childs number, the potential $1000 benefit could cost a couple of years of federal time.

    Don't do it. If you have other skeletons in the closet. If conspiracy to defraud the U.S. is charged and if you have a really bad background, the sentence could easily reach 30 months, and if the judge articulated a good reason to go higher, the full 5 year sentence could occur.

    The person you obtained the number from will in all likelihood be there to testify against you in detail.

    Its not worth it. Don't do it.

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  • My sister stole my brothers income tax check and signed her name and forged his name and cashed it, we live in california

    this happened in 2008 and amount is $600.00 can he still press charges on her for cashing the check , he has a copy of the check with her name and some one else signed my brothers name, got copy of the check from the IRS

    Curtis’s Answer

    So many choices.
    First consideration is do you want a sibling (possibly two) involved with the law?

    Second, federal consideration
    18 USC 510 is a felony, but if the check is under $1000, its a one year in jail crime and a fine (and restitution).
    18 USC 495 is the general forgery statute with 10 years prison; however 18 USC 510 is more specific and probably would control if the AUSA was looking to file.
    The limitation under 510 (and 495) are not separately called out and thus will likely be 5 years.

    It has been more than 5 years since January 2008 as of January 2013. However the current 2013 year is only half finished -- so the question may arise as to when the forgery took place.

    ---------------
    Third, State Consideration
    What about California, say Penal Code Section 801.5? The limitation stated is 4 years after discovery or 4 years after completion, whichever is later. See PC 803 "(1) Grand theft of any type, forgery, falsification of public records, or acceptance of a bribe by a public official or a public employee."

    See also 470(d) for a list of things that can be forged, including checks.

    So, you may need to prove that it was recently discovered......

    ------------------

    In both cases the general age of the offense may be such that it is politically difficult to get either the AUSA or DA very excited about prosecution. But the call is up to them. You can't turn it on and off like a tap.

    Think for a long time before you get the state involved in your family's problems.

    I generally would recommend against it, all other things being equal.

    Curt Harrington
    Certified Tax Specialist -- State Bar of California Board of Legal Specialization (J.D.; LL.M. -Tax)
    Electrical(M.S.E.E.)-Chemical(M.S.Ch.E.)(B.S. Chemistry)-Mechanical Patent (Intellectual Property) Attorney & MBA (562) 594-9784 --- http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/
    http://patentax.com/library/critical.html
    http://patentax.com/library/lecseries/micro.html

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  • Beat a speeding ticket with radar used at night?

    At 9pm got passed by a guy doing over 100mph and he immediately slowed down but m.c. CHP had already pulled out. He then cut me off at my exit and to my amazement the officer pulled me over instead. The officer didn't respond to my plight about ...

    Curtis’s Answer

    1. Radar is one piece of evidence, there are others.

    2. Was it LIDAR or MM wave?

    3. Heat up sounds weird. After you hire a lawyer to handle this case, you should inspect the patrol vehicle and check for the amperage availability for the speed device versus max current and duration for the speed device.

    4. Preferably hire an attorney with a technical background and give him the license plate of the guy who blew past you. You may want him to testify (and others at the local store).

    Sounds as if you have a lot of aspects for your local attorney to investigate & develop for trial.

    Curt Harrington
    Certified Tax Specialist -- State Bar of California Board of Legal Specialization (J.D.; LL.M.-Tax)
    Electrical(M.S.E.E.)-Chemical(M.S.Ch.E.)(B.S. Chemistry)-Mechanical Patent (Intellectual Property) Attorney & MBA (562) 594-9784 ---

    http://patentax.com
    Bio: http://patentax.com/curt/index.html
    Library: http://patentax.com/library/
    http://patentax.com/library/critical.html
    http://patentax.com/library/lecseries/micro.html

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  • I am married me and my husband have a substantial amount of credit card debt. I am responsible for 75% of it.

    I have worked off and on during are relationship. I have a daughter from a previous marriage that he some what help support since she was 5. We got married in 2006 and I finally got a steady source of income and worked for 8 years until October o...

    Curtis’s Answer

    You may need a divorce specialist and a bankruptcy specialist to examine the net worth of the marital estate. If you don't do this simeultaneously, you may end up bankrupting the state simply based upon family law attorneys fees. If there is not that much there it may dictate the path you take to wind this up. It may also affect how much strife it takes to get to windup.

    The bankruptcy analysis may depend on the assets, whether it makes sense for you both to have a bankruptcy or only one, or first one and then the other. The family law judge will make an assignment of the debts and assets.

    You need both a family law and bankruptcy analysis.

    Certified Tax Specialist -- State Bar of California Board of Legal Specialization (J.D.; LL.M.-Tax)
    Electrical(M.S.E.E.)-Chemical(M.S.Ch.E.)(B.S. Chemistry)-Mechanical Patent (Intellectual Property) Attorney & MBA (562) 594-9784 ---
    http://patentax.com
    Bio: http://patentax.com/curt/index.html

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  • What can I do if I have been sued by two collection agencies in regards to credit debt without being properly served?

    I just found out that I have been sued twice by two collection agencies in regards to credit card debt. I was not properly served and did not know I even was summoned for court, as I had recently moved. Also, money has been removed from my bank a...

    Curtis’s Answer

    Do you owe money regarding these debts? If not, then attacking service & judgements may be more advantageous than bankruptcy.

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  • Will having an Infraction as a juvenile affect my chances of obtaining a U.S citizenship through a parent?

    So recently i got cited with an infraction for marijuana possession, friend got pulled over for a traffic violation resulting in us getting search. So my concerns are, will this infraction affect my ability to obtain a u.s citizenship? What are th...

    Curtis’s Answer

    You may find this a good read:

    Nunez-Reyes v. Holder, (No. 05-74350 Filed July 14, 2011) 9th Circuit prior decision in Lujan-Armendariz v. INS, 222 F.2nd 728 (9th Cir. 2000),

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  • Caught of switching price tags of $6, and I admitted will have booking process and appear to court. Please advise.

    a retiree close to 65. No criminal record. 2 years college degree.

    Curtis’s Answer

    Hire an an attorney and pay him well.

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