He tried cashing a fraudulent check and then realizing the gig was up - he ran out of the bank - got in his car and drove away. They got his plate number. This was a week ago, and just when he started to think he maybe got away with it - the detective came a knocking. They have him on camera obviously. Can someone advise a little bit here as to how to beat this? I advised him to not talk to the detective and let them pursue the case. Wait for the warrant and arrest - talk to his lawyer only.... Is there anyway before it go's to trial to see if they have the bank video-tape and the clarity of that evidence? Whats your advice? Thankyou
2006-10-02 13:50:02 · 15 answers · asked by johncharlesrealty 2 in Politics & Government ➔ Law & Ethics
Sorry, I stand by my blood, and I see the justice system as a big money making chess game... I lost all faith in the judicial system when I saw OJ Simpson walk... Its no longer a search for the truth with these DA's Its about money
2006-10-02 13:59:02 · update #1
Generally, crimes committed through fraud require that damage be suffered by the private complainant. In your case, since the checks were not actually encashed, no damage is actually suffered by the check owner, and therefore no crime is committed (at least in its consummated stage). At best, there may be an attempted or frustrated crime. But it is up to the prosecution to develop and build up their case, and logically, they cannot expect you incriminate yourself.
In the meantime, you should get in touch with your lawyer and prepare yourself for an indictment. Im not sure about your State's discovery procedures, but generally, modes of discovery may be invoked when the judicial process starts to grind. You can subpoena the alleged video tape if it is mentioned anywhere in the complaint to enable you to prepare an intelligent answer.
2006-10-02 16:25:38 · answer #1 · answered by Jomaxee 2 · 2⤊ 0⤋
When your relative ran out of the bank the only crime would be an attempt to commit fraud related to his action at the bank, if they have proof that the relative also stole the checks it becomes a more serious crime and if they signed the persons name then forgery can be added. A lawyer could probably plead it down to the attempted charge and the penalty would be less severe. Talking to the investigator without an attorney would be a mistake and it would be best to get one and go to the detective and offer cooperation.
2006-10-08 06:45:31 · answer #2 · answered by daydoom 5 · 1⤊ 0⤋
no rely if it is your man or woman own verify you may verify with your financial enterprise and notice in the event that they'll placed a give up charge on the verify. which will stress the financial enterprise that cashed the verify to return the money (I wager they get genuine attracted to doing some thing approximately it then). you may could pay a small fee of $20.00 or so. Or if it replaced right into a payroll look at of your paintings you may record it to the payroll branch and that they could do a similar. Your success with this could rely on how some time past this exceeded off.
2016-10-18 09:28:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What is there to beat? He did it. He got caught. Not smart. However they may go more lenient on him with the punishment if when he is caught he pleads guilty or no contest...if he pleads not guilty....when they find him guilty, they will punish him much more harshly.
Depending on his past record, he may only get probation or a suspended sentence...since he didn't actually succeed in obtaining any money...however run everything past his lawyer and see what he/she recommends....
2006-10-02 13:56:14 · answer #4 · answered by luckybluebunny 3 · 0⤊ 0⤋
He should get a lawyer. What he did was wrong, and it sounds like they have a pretty good case. Even a good lawyer may not be able to get him out of it, but he can try to get a good deal and maybe avoid doing hard time.
2006-10-02 14:04:21 · answer #5 · answered by y_nevin 2 · 1⤊ 0⤋
his fingerprints would be all over the check, most banks require ID to cash a check so he is screwed. I would suggest that you talk to the relative (however that would indicate guilt) and see if some kind of private arrangement can be made for restitution.
2006-10-02 13:59:45 · answer #6 · answered by rwl_is_taken 5 · 0⤊ 0⤋
yeah dont cash fake checks, especially at a bank, it is a felony to defraud a bank as well as a classic example of identity theft. not only can the bank press charges, the state as well as the victim can go after your friend. his best bet is to follow your advice and take the deal if he gets one
2006-10-02 13:55:49 · answer #7 · answered by deftlychillin 2 · 1⤊ 0⤋
Your relative needs a lawyer to advise him. If he is lucky his lawyer may help him negotiate a deal for probation/community service.This little escapade will probably end up being quite expensive.
2006-10-02 13:59:56 · answer #8 · answered by just♪wondering 7 · 1⤊ 0⤋
I am with you in standing by those you love...but that doesn't mean you should stand by his actions. What he did was dumb and punishable by law. Your best bet is to be supportive and write to him everyday when he is in prison. Also, a trial only pisses people off...especially when its pretty obvious he is guilty. Plead to lesser charge or no contest.
2006-10-10 10:43:52 · answer #9 · answered by Sticky 2 · 0⤊ 0⤋
You also have a problem, pal. How in the world could you stand by a common criminal??? He is a thief!!! If he "gets off" he will do it again.......next time to you! You are stupid to get involved...leave it alone and let the justice system work!
2006-10-02 13:53:37 · answer #10 · answered by Anonymous · 3⤊ 1⤋