Daughter received a stolen check from a friend investigating Dective thinks that she stole it. what can I do?

Question

My Daughter received a check that was made out to her, name , My Daughter signed the check over to my husband who then passed it through his acount.neigther person knew that the check had been stolen until the dective called us in to be interviewed, at the end of the interview the dective say that she was going to press charges on my daughter who is under age, and also my husband for running the check through or bank. What can I do to get the dective to interview the person that my daughter said that she received the check from. The decitive Thinks my daughter stole the check and said that she will not interview any one else

Answer 1

LET THE DECTIVE TAKE YOU TO COURT AND PROVE THAT YOUR DAUGHTER STOLE THE CHECK. NOW THAT IS ONLY IF YOU'RE ABSOUTLEY SURE THAT YOUR DAUGHTER DID NOT STEAL THE CHECK THEN IF YOU WIN IN COURT YOU GOT A GOOD EASY CASE WHEN YOU SUE THE DECTIVE FOR SLANDERING YOUR DAUGHTER.

Answer 2

Ok, here's the deal, the real deal.

If you are interviewed by the police, there is only one statement they say where you KNOW they are telling the truth:

You have the right to remain silent. If you do not remain silent, anything you say may be used against you. You have a right to an attorney ...

You will notice the police do not say as part of this statement: we will investigate what you tell us; or "we will use the good stuff to help you out." The only thing you know is that "anything you say can be used against you."

Why is this important?

Virtually all criminal convictions are based, almost entirely, on the statements of the defendants.

So, first things first. NO MORE TALKING TO THE POLICE.

Second - get an attorney. And get your daughter an attorney.

Good news on daughter -- she almost certainly will qualify for a public defender.

It will be your job (through your attorneys) to show that you did not have knowledge; that someone else stole checks, etc. But you have to be careful.

You say your daughter gave you the check, you had better have evidence (admissible in court) that she did not know (or you will be hanging her out to dry).

The detective can RECOMMEND charges, but only the district attorney/state's attorney can actually bring charges. It is important that you get an attorney quickly, for it is possible that the attorney can talk to the DA in the division to attempt to avoid charges being brought in the first instance. YOU SHOULD NOT DO THIS because: anything you say can be used against you. It is always better to AVOID the charges than to fight them.

Failing this, your attorney will need to be able to vigorously defend you. This means you need to be completely honest and forthright to your attorney -- but only answer the questions HE asks you. There may be things that the attorney, for legal reasons, does not want to know.

The bottom line is this. Your attorney and you can develop a strategy to defeat this claim, but you need to get a start on it NOW, not soon, NOW. Because your attorney is already behind the eight-ball as compared to the police.

Answer 3

Get an attorney, this detective clearly does not believe either your daughter or husband. And if you prevail in court, I would sue the detective. Make sure you write down everything that this detective said to you. Every question she asked. Every statement she made. And get a hold of her supervisor and tell him your story. And see what he says about your complaint. If you are in the right, then you will prevail. The detective may just be trying to scare you into confessing. You do have rights, an attorney will protect them. Good luck.

Answer 4

If you can afford a lawyer, get one now and they should be able to help. If you can't afford one, have both your husband and daughter ask for a public defender whenever questioned or interviewed. Explain what happened to the public defender and make sure they subpoena this third party if it goes to court.

Unless your husband and/or daughter are on parole or have a police record, it should not come to trial.

Beware of "Plea Bargans" that admit to wrongdoing and result in a conviction on the record. They can ruin your future.

Good Luck.

Answer 5

First, you need to have a very frank talk with your daughter to be sure that she is telling you the truth. If she is not, she needs to tell you before you do anything else.

If you believe she is being honest, then you need to contact the detective's supervisor and explain the situation. Perhaps even more importantly, you need to hire a lawyer -- and fast! A lawyer can help address any problems in the investigation.

Answer 6

There should be a hearing of some sort -- explain it to the judge and file a complaint against the detective. If your daughter did not write in her own name, someone else did -- that person should be interviewed, too.

Answer 7

welcome to the real world, why should the detective do any more work he or she has a fish, and when she goe's into court both of you will no doubt go to jail or be fined and have a police record, the conviction ratio in this country's standing right at 98.8 %conviction ratio, so unless you have big buck like O,J, this will be another feather in the detectives & prosecutors cap, wheather you are guility or not, if youhave ajury trial most of the jurors are people who won't work so they pull jury duty for a few dollars of course if they vote not guility the prosecutor won't chose them the next time, its called job security, most others are scared they will be investigated if they vote not guilty, that is our court system ,

Answer 8

dont say anything else to the dective or the police dept. HIRE A LAWYER. anything you say to the dective will be used against you and your husband and daughter....HIRE A LAWYER... and good luck....

Answer 9

They can press charges, but they still need to prove that your daughter and husband knowingly passed the stolen cheque..

Answer 10

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