legal strut...criminal rights or lack thereof
tripledouble
7,636 Posts
yo lawmen/women....can some one doing time for a felony sell property that he owns while in jail?thanks..t
Comments
I'm a gonna be surprised if the answer is no. The only limit I have heard on something like that is if you are profiting from your crime. Like selling a book about how you killed your wife and her boyfriend.
I think the answer is that one serving time for a felony can probably sell his belongings while incarcerated. If one has already been convicted, the chances improve. Usually asset freezes and asset seizures, if any, apply pre-trial to prevent the defendant from selling off his ill-gotten gains (with a generous carveout from the freeze/seizure so the defendant can pay his legal fees to faux rillz). Once convicted, the felon in question's sentence very likely includes some manner of restitution or fines, which he may be required to satisfy before selling any major assets (e.g. real estate). The felon won't want to pay these fines or the restitution amount, but he must if he wants ever to escape the parole system altogether. If the belongings in question are records and the felon has asked you to sell them on eBay, unless the crime is stealing records (and therefore selling the stolen records could create criminal liability), fire away.
It is not altogether likely, however, that one could sell one's belongings and make a HUGE deposit into one's prison trust account, or if one did, that one could access it all internally. Most correctional facilities place limits on inmate spending.
Best,
JRoot
OF course.
The only restriction would be if his assets were seized but he would know this already and in that case they wouldn't be his to sell.
That thing about the book deal is not true from my understanding of the law. There is a restriction on lawyers making deals with their clients to buy the rights for their story (while the case is still going on), but there is no reason why a convicted murderer couldnt sell the rights to his story. HOWEVER, that is not to say that the victim's family couldnt take that criminal conviction right over to civil court and get a heap of money damages which they could recoup through whatever profits he made off the book, and then some.
the issue is for a friend. he has been trying to buy an abandoned house and theres some title confusion between the guy trying to sell the house to my friend and another guy who is locked up for selling lots of drugs out the house in question. he's been locked up for a number of years. my friend tried calling the inmate's lawyer, but he's thinkin he may have to just go up to grateford and talk shop (lawyer hasnt called back).
-t
Awsome, don't forget north philly, south philly & fishtown...well fishtown might just be beyond hope.
thats been done awhile back, and its my friend handling all this business. things were all but closed until issues came up about who officially had the title.
i got my hands full with my lil project...
fishtown needs a marvel team up or some extraterestrial intervention
Law school has really paid off, you are now really thinking like an attorney.
Don't forget your bourbon, the brownest of the brown liquors.
i also have just one page of notes to argue from, cause your supposed to try and do it all without paper, but i was thinking what i should carry it in. And I was thinking I would bring a briefcase, and then i was reminded of that Lionel Lutz moment when his briefcase opens up and there is nothing in it but an apple core.
lol. that was a good hutzism