Legal Question in Criminal Law in California

I have a situation were a guy who obviously doesn't like me and has harassed , threatened and stalked myself and my children, he has called the police on me several times when he has shown up at my home. he tried to file a civil harassment restraining order which was denied now he filled an online complaint to the fraud dept stating I had committed a falsifying of a document. I have been involved in long term litigation involving a real estate matter were my parents own a home free and clear yet he showed up stating he purchased at a trustee sale. I asked him for his paperwork and he showed up a week or so later with some paperwork that was cut and spliced on two seperate sheets of paper. he later provided a different document this one showed different parties to the transaction no transfer tax the purchase price was blacked out and the date was a different date. having a deed of full reconveyance from the bank and a guy that reprsented himself as several different people and several different LLC's. I know the document in question was notarized and I do not know if the notary documented his book or what any details may have been the document in question deeds the property to me. I never signed any document and I never faked or forgered and document is the simple fact myt name is on the deed the problem and how do i know the crazy guy didn't record it himself? Apparenttly the notary when faced with going to jail made many statements until it appeared to be what investigators were looking for. By the way I had reported this guy nearly a year ago to the attorney generals office and the dept of justice was also investigating. can someone tell me if I can be convicted of such a charge.


Asked on 9/13/10, 12:14 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Your question involves several areas of law. First of all, people get charged with crimes they did not commit all the time, so I feel that your question is whether the system will protect you. It is up to you to defend yourself, and hire legal counsel if charges are filed or the police want to speak to you. That apparently has not yet happened.

Second, you may have civil remedies. If you are in a bona fide dispute with this person over who holds title to real property, you may have to file what is known as a quiet title lawsuit. Some preliminary research with your county recorder's office will tell you what documents have been recorded, to determine whether his claims are a cloud on your title.

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Answered on 9/18/10, 2:22 pm
Terry A. Nelson Nelson & Lawless

If the facts show you did it, you could be convicted. Your attorney's job is to defend you, using whatever facts, evidence, witnesses. law and arguments are available. If serious about getting counsel to do so, feel free to contact me.

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Answered on 9/20/10, 12:03 pm


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