Skip to main content
Rudy J. Bautista
Avvo
Pro

Rudy Bautista’s Answers

4 total

  • How long do I have to report someone stealing money from my purse?

    I was at my friends house and I had just cashed my tax check. She stole about four hundred dollars from my purse. Plus before that happened I had lent her two hundred to help with her son.

    Rudy’s Answer

    • Selected as best answer

    It depends on several facts, but generally a theft of less than $1,500 has a 2 year statute of limitations which mean the case must be filed against her within 2 years of the crime. A theft of $400 is a misdemeanor, whereas if the amount stolen is greater than $1,500, then the statute of limitations is 4 years instead of 2. This all assumes she stole it from your purse when your purse was not on you because if it were, then it could be robbery which is a serious felony with a 4 year statute of limitations. If you prosecute her, any plea deal will require her paying you back, and if she is convicted at trial, she will have to pay you back. If on the other hand you do not want to press criminal charges, you could go after her in small claims court for just the money. Small claims is a civil court and she cannot go to jail and you will be responsible to prove your case whereas in a criminal case, the prosecutor with the help of police and you will do the work for you. Hope this helps.

    See question 
  • My boyfriend got arrested for dealing in stolen property for being caught on a stolen dirtbike what will happen

    he orignally was charged with dealing in stolen property but now he has been charged with burglery unarmed and another burglery and i think maybe grand theft what is most likely to happen i want him to take probation because i just had his little ...

    Rudy’s Answer

    Each state law is different, but what will happen to him depends on several facts. First and foremost, is did he make any admissions? If a person is caught with stolen property months after it is stolen, most prosecutions won't get very far unless they have a confession that he knew it was stolen--provided they can't prove he was the one who actually stole it. As for probation, it depends on the state law (whether mandatory jail/prison is required), the judge, the prosecutor, defense attorney, and most importantly the person's criminal history. If granted probation, most people can move to another state and continue with probation if they have family in the state he wishes to move to and the new state agrees. Choosing the right criminal defense attorney will be crucial to helping your boyfriend. Good luck!

    See question 
  • My ex boyfriend had his address as mine up until October of this year..Last November 2009 he became disabled due to a accident..

    His wife received checks for his 2 kids as his child support..My question is since he went back to live with her in October 2010, is she still entitled to this check for her kids?..There was a scam to not tell social security abt his move, but i d...

    Rudy’s Answer

    Provided you did not assist, aid, encourage, participate, etc., in any part of it, he/she may be involved in fraud with the federal government. If you contact the appropriate agency, they will look into it, and if there is wrongdoing, they will prosecute. As for yourself, you may be rewarded (monetarily) as well as knowing you are doing your civic duty to protect all of us who pay into federal programs.

    See question 
  • My Family stole 16,000 dollars from me! Can I sue them and have a chance at winning?!

    When i was 17 years old me and my older sister went to make a joined account together because i wasnt old enough to open my own account at the time. We did this so that the money coming in from social security would get to me faster. The problem i...

    Rudy’s Answer

    Not only can you sue her, but a more efficient option would be to contact your local law enforcement agency and file a criminal report with them. They could charge her with communications fraud (depends on local laws) and recover restitution for you as part of the criminal scheme. Further, your state may have a fund to pay victims restitution. The benefit of this course of action is that you will not have to pay any legal fees as the prosecution would do the work and if she doesn't pay, then she will go to jail. Most prosecutors will give her a sweatheart deal or an outright dismissal if she pays the money back. Contact your local police department, the bank fraud department, and/or your state's attorney general's office for help.

    See question