a elderly neighbors credit card checks got into my mailbox by mistake. since i have the same type of acct i wrote several checks up to 4800.00 then the neighbors son discovered checks written in his dads name and to make a long story short called police and it was traced to me. arrested and i spent a day in jail but must go to a hearing.since im willing to make large payments and it was a mistake wont it just be a civil matter. or will i be punished as a criminal ? it was my mistake i was not paying attn i never been in jail other than a few hrs here. maybe just a financial spanking. please any info please help
2007-08-10 04:47:20 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I think im doomed and gonna be punished
2007-08-10 05:11:02 · update #1
You spent a day in jail so it is already criminal. Civil is a whole different sort of thing and requires sueing in a whole different way. So if the son is vigilant about his father's accounts he is going to pursue criminal. That way he knows he can sue you for the money easily.
Thing is even if the other side decides to drop the charges the state itself will probably decide to do so.
There are many steps to cash such a check. The bank verifies the number, who is cashing it, name on the check etc. To cash such a check requires several hoops to go through.
The judge will wonder how you accomplished this. Now it could be the bank and if you signed them in your own name you might have a defense. But if not..... the judge has credit cards. He realizes that these checks are just a scam and that they charge a different rate if you cash them. So in most all cases if one is on the up and up you can pay for anything in this world by just using the card. So you look guilty.
If you have the exact same card and signed it in your name you will be fine but still have to pay. If not...... you need to sell your car or do whatever to get a great lawyer. The money is one thing but your entire life (really) could hinge on your day in court.
2007-08-10 07:02:24 · answer #1 · answered by jackson 7 · 0⤊ 0⤋
So whose name did you sign on the checks? If you signed your own name, then you might have a defense. The fact that they arrested you is a good indicator that this is a criminal matter and not merely civil (although that may follow as well). Paying the amounts from your own money ahead of time will help at sentencing, though. Just make sure you don't use someone else's checks to do that!
2007-08-10 05:00:47 · answer #2 · answered by jkdeep6 3 · 0⤊ 0⤋
Well I would like to know how you could make that mistake. The persons name is on the checks sent by credit card companies and why would you use them and pay that kind of interest? Anyway that is a criminal act because you used someone elses check. Why if you didn't know that they weren't yours where the checks in his Dad's name it should have been signed by you in your name and it wouldn't have had to be traced back to you. It would have been clear it was you because your name would have been right on it.
2007-08-10 04:56:56 · answer #3 · answered by nashua_princess 2 · 0⤊ 0⤋
When an individual receives checks, they are asked to verify, and/or look for any mistakes on the checks. This matter can be pursued criminally, and civilly. If you repay the money back during the criminal proceedings, then the matter is over. If yo do not, then you can be sued to recover any loss.
2007-08-10 05:22:57 · answer #4 · answered by CGIV76 7 · 0⤊ 1⤋
properly once you do something like that with the only purpose of them receiving harassing telephone calls from a team of folk they do no longer comprehend it somewhat is maximum actually a offender count. And defamation of character isn't continually a civil count. There purely would desire to be damages accomplished for it to alter right into a offender count. purely for the reason that one incident did no longer upward thrust to a offender point would not propose that a completely unrelated incident can not be offender.
2016-10-09 22:29:05 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Actually both can happen. It is certainly NOT a little matter. Your defense of "I have the same type of account" does not wash. Since you were charged it is unlikely they are going to drop the criminal charges.Your willingness to make restitution may head off civil actions against you if you pay as promised.
2007-08-10 04:53:57 · answer #6 · answered by davidmi711 7 · 0⤊ 1⤋
your gonna have a hard time convincing the judge on this matter .good luck
2007-08-10 05:30:36 · answer #7 · answered by john doe 5 · 0⤊ 0⤋
Ill get your cell ready.
2007-08-10 05:48:30 · answer #8 · answered by Anonymous · 1⤊ 0⤋