San Antonio police recommend charging the suspended lawyer in the traffic ticket mess. The Express-News quotes an assistant district attorney as saying detectives "brought a case of fiduciary misapplication" against Diana Minella, who clients say took their money and ignored their traffic tickets. Before taking her to court, however, the DA's office must follow up on the police investigation.
In the Texas Penal Code, Section 32.45 Misapplication of Fiduciary Duty definse this offense as "intentionally, knowingly, or recklessly misappl[ying] property [held] as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held." In Sabel v. State, an unpublished opinion from 2001, the Fourth Court of Appeals held that "In common parlance, one acts in a fiduciary capacity when the money or property that he handles is not his own or for his own benefit, but is for the benefit of another person."
According to the E-N story, the investigation mentions a loss of $20,000, meaning the crime is a state jail felony. The statute makes this crime a third-degree felony if the loss is between $20,000 and $100,000; a second-degree felony for loss from $100,000 to $200,000; and a first-degree felony if the loss totals $200,000 or more.
Hat tip: Man 'o Law.
On a related note, the City of San Antonio will offer a free continuing legal education course on representing clients with traffic tickets on March 20.
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