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Theft and conversion

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

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Attorney answers 3


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.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:


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.


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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