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To: Trust but Verify
We're not gong to try and charge her with a crime, unless she continues to obstruct. It's great leverage.

Be very careful with that leverage. Threatening criminal prosecution unless someone cooperates in a civil matter (such as a probate) can be considered extortion.

40 posted on 08/04/2003 8:50:48 PM PDT by ConservativeLawyer
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To: ConservativeLawyer
Be very careful with that leverage. Threatening criminal prosecution unless someone cooperates in a civil matter (such as a probate) can be considered extortion.

What are the boundary lines. It would seem that there should be some degree of latitude to charge or not based upon a person's actions. After all, if a person bounces a check but makes good on it, that would not be considered a criminal offense, but bouncing a check and attempting to skate would be. If someone bounces a check, would it be untoward of the recipient to tell that person that they will press charges unless the check-writer makes good?

To my mind, the proper line should be restitution, including costs. Is there any legal definition for such things?

43 posted on 08/04/2003 9:04:39 PM PDT by supercat (TAG--you're it!)
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