For one thing.... finding a 20 dollar bill is much different then finding a check and filling in the blanks. This is considered fraud. If anything on a check is filled out by someone other than that account holder it is fraud. This is why when you fill in wrong date etc.... the account owner is always required to initial where their mistake is, so that they can determine the change to the check was done by the account owner. I think the best policy would be to VOID the check completely.
As far as your friend going to jail, that is up to the account holder and a judge. The person may just ask for the money back, since it wasn't hers to begin with. This person also may decide to press charges. If this is the case a trial will pursue unless parties can work it out between themselves before hand. If case does go to trial, it will be up to judge or Jury (depending on your state) of a conviction and a sentence.
Best piece of advice to give your friend is for her to realize you can not change information on a check unless it is your own check. Filling in blanks, changing information etc... is considered fraud and legal action can be taken. I would be prepared for legal action since a detective is already investigating. Tell your friend to get a lawyer.
2006-12-10 12:21:21
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answer #1
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answered by Metam 2
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Yes, according to the law in most states your friend committed a felony due to the amount of money that was involved. It is nowhere near similar to finding cash on the ground. There is a good possibility that your friend will go to jail.
Most checks are preprinted with the name, address, phone number, and bank account information. Your friend had enough information to return the check to its rightful owner. Rather than do that, your friend chose to write her name on it and take $1,000 that belonged to someone else. So, there is no question about intent there.
Also, the issuing bank will have an original image of the check, including the date, time, and location where the check was cashed. Your friend's handwriting will be on the check and your friend's fingerprints, if the bank has the original document, (look up the word Ninhydrin). Most banks and check cashing places have security cameras; the police will go to the place where your friend cashed the check and get video footage of her doing it.
A police detective is usually willing to work with someone who is truthful and willing to undo any damage that was done. Consider this...did your friend kill or hurt anyone? No. So, it is just a matter of putting things back the way they were...for example, returning $1,000.00 to its rightful owner. Your friend should tell the police detective exactly what happened and should write a letter of apology to the owner of the check for what she did. There will be an opportunity for your friend to return the money. Your friend may still be prosecuted for the act, but if your friend decides to lie and the police prove that she is lying, that means your friend will be described as a liar on a police report, a public record obtainable through the freedom of information act. Tell your friend to take it as a growing pain and move on.
2006-12-10 16:46:46
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answer #2
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answered by Pablo Rueben 3
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She can very well go to jail...it is fraud, she addressed a check that she knew wasn't hers to herself, that is fraud. And since it is $1000, it is a felony. If this is her first offense of the sort, she may not go to jail, but if she is convicted she will still have a felony record that will follow her the rest of her life.
2006-12-10 12:57:19
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answer #3
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answered by Anonymous
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Tell her not to say anything except that she sold something to someone make up the name of the someone and tell the cops that she received the check for something she sold to the person. She can not get in trouble because they cant prove that did not happen.... even if they threaten her they are lying they would never go to trial on that they will only lie so you think your in big trouble.. believe me i know.. so lie your *** off and no trouble.. remember the cops will tell you your busted and in trouble but they are lying, you must tell them someone gave you the check
2006-12-10 12:18:13
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answer #4
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answered by Anonymous
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No, she wil not go to jail, if she doesn't have the previous criminal record. Most likely outcome - a couple of days of community service or even less than that.
2006-12-10 12:06:53
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answer #5
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answered by Anonymous
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i think of gaol use to be an English spelling. I bear in mind interpreting history seeing an English poem asserting they might somewhat be in gaol than the the undesirable abode. i think of penal complex spelling has usurped gaol spelling i think of the ao being that why around would not help it basically looks like a misspelling of objective. i'm sticking with the yankee spelling penal complex I basically experience greater mushy with it.
2016-10-14 10:26:55
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answer #6
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answered by ? 4
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first what crime did she commit? she found a check and cashed it . did she forge it? did she steal it? this is very interesting as something similarly happened some years back and nothing could be done about it because there was no crime committed,
2006-12-10 12:07:25
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answer #7
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answered by james w 3
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Tell her to come clean and give back the 1k. fraud is fraud and bank fraud is a felony.
2006-12-10 12:21:48
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answer #8
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answered by Anonymous
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I don't think so. The best way , tell the truth and return the money, which truly not her right.
2006-12-10 12:08:46
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answer #9
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answered by Mat D 2
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prolly probation and made to pay back money if, she doen't have alot of ther convictions on her criminal record
2006-12-11 10:22:21
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answer #10
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answered by jamijokidd 2
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