I needed tuition for school and my brother decided to help me out. He wrote me a check for 4,000 but the bank said that there would be a hold on the check however I needed to have the money in the next few days so my brother wrote me 8 check to total the amount of the 4,000.
He has an account with Compass Bank and had got his debit card stole so they closed his account and opened another one. He got new checks but forgot to throw the old ones away and wrote me checks from the closed account.
While I was cashing the check the bank called the police and the police arrested me and took me to jail. They said that it was forgery. What is gonna happen to me and what is the punishment?
Please help??
2007-08-12 06:54:00 · 6 answers · asked by beautifullife08 1 in Politics & Government ➔ Law Enforcement & Police
Even if he intentionally wrote checks on the closed account, it in NOT forgery when HE writes checks on HIS account. It would be fraud on HIS part if he deliberately used the old checks, but I would give the benefit of the doubt in the case you describe. It does seem odd that they would actually close the account for a stolen debit card. Normally the card would be canceled (your account number is NOT on the card) and another card issued. If actual checks were missing, closing the account would be standard practice.
2007-08-12 08:45:01 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
If he signed his checks on his back account -- that's not forgery -- he wasn't pretending to be someone else.
It might arguably be "passing false checks", but they would need to show that what he did was more than just a simple mistake of using the wrong checkbook from the same bank.
2007-08-12 06:59:13 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
Did you sign the checks yourself? If so, it IS forgery punishable by law.
If you did not sign them, all you have to do is explain to them what happened. If this doesn't help, you must have your brother to come and explain to them the entire situation so you can be freed.
If this doesn't help...get a good lawyer quickly! Adela
2007-08-12 07:00:43 · answer #3 · answered by vegandela 2 · 0⤊ 0⤋
If the checks were made payable to you, and you simply endorsed them, then it is not forgery, rather it a "hot check" violation on your brother.
If your brother actually has the funds in a different account, you should go with him to the bank and sort it out.
2007-08-12 07:59:57 · answer #4 · answered by huduuluv 5 · 0⤊ 1⤋
that doesn't make sense? what country are you from? Is your brother charging you with forgery?
It's a bunch of Hoooey if you ask me.
2007-08-12 06:58:16 · answer #5 · answered by Mrs. Rhonda Rabbit 3 · 0⤊ 0⤋
tell bro to go to the bank and get a letter explaining it all,and take it to the d.a
2007-08-12 06:58:32 · answer #6 · answered by john doe 5 · 0⤊ 0⤋