Theft and conversion

Asked about 3 years ago - Spencer, IN

I have never represented a criminal client before and have been asked to prepare an informal memorandum addressing the differences between a criminal prosecution for theft and a civil suit for conversion of the television.

New Lawyer recently passed the Indiana bar examination and has set up practice in a small town in Rusting Away County. The county is so poor that counsel for indigent defendants is provided by appointment of members of the local bar, not by a public defender’s office. Lawyer has been appointed to represent an indigent defendant charged with theft of a television of a value of $2,000.00 from a local motel in violation of Indiana Code 35-43-4-2

Attorney answers (3)

  1. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    Answered . A memorandum of law is written to a Court in support of a position taken by an attorney. No judge is going to ask to be "briefed" on so basic an issue. Moreover, the defendant, here is not charged with the actual "taking," he is charged with receiving stolen property. You need to do your own homework assigment or you're wasting a lot of money on law school.

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  2. Juan Carlos Garcia Jr

    Contributor Level 15

    Answered . An informal memorandum of law is essentially supporting a legal position or argument in written form. Clearly there are several important differences between a civil suit for conversion and criminal prosecution for theft. The legal burdens of proof and rules of procedure are different in civil and criminal cases. You should be able to find several differences in the cases as requested by the judge.

    Juan C. Garcia, Jr.
    GARCIA LAW OFFICE, LLC
    www.juangarcialawoffice.com

  3. Donald N. Macneil

    Contributor Level 14

    Answered . This shouldn't be too hard with a little bit of research. Seems odd that the court is asking for such a thing.

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