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Question for those who know the law.

Discussion in 'Off-Topic Discussion' started by fletch aka, Jan 5, 2011.

  1. Jan 5, 2011 at 5:42 PM
    #1
    fletch aka

    fletch aka [OP] www.BeLikeBrit.org

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    A individual I know has a daughter that is accused of writing bad bad checks to cover a loan of $10,000. These were stolen checks written on a closed account. On top of that she used another individuals checking account to pay bills on line for another $1,200 or so. She got the routing information off of a check that was given to her as a gift. All of those involved are or have gone to the police.
    What kind or charges will she face, is this jail time?
    We are hoping this is the wake up call she needs, even her family wants everyone to prosecute.
     
  2. Jan 5, 2011 at 5:48 PM
    #2
    Johns Taco

    Johns Taco I'm not 4x4, and have an open diff. So i'm 4x1

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    Wow, she's probably going to end up in real deep shit. :(
     
  3. Jan 5, 2011 at 5:51 PM
    #3
    BakoTruck

    BakoTruck Well-Known Member

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    I don't know, I guess it depends on the state laws, every state is different. But I would guess yes.

    The best thing she should do is try to get in contact with a Lawyer, to figure out what she may be faced with, and what she should do.
    It also may come down to what the Judge will hand down on a ruling.

    If she does nothing, eventually they will probably put out a warrant for her arrest, and sooner or later she will come in contact with Law Enforcement and go to jail still, probably longer sentence. If she turns herself in, might not be as worse of a sentence.
     
  4. Jan 5, 2011 at 5:52 PM
    #4
    Brunes

    Brunes abides.

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    Yes that's jail time:
    Passing bad checks is 1 year'ish. Passing a forgery is 1 year.
    Depending on how she got the stolen checks-That's some form of fraud or theft. Same for the online bills paid with fraudulent checks. If they went over state lines could be a whole nother mess.
    Most of those are "wobblers" They could be a felony or a misdemeanor depending on value stolen.

    http://www.mycaliforniadefenselawyer.com/criminal-charges/white-collar-crimes/

    On top of all of that- Civil repercussions are possible too. Every single person who was passed a bad check or affected by her choices can come back and sue for damages.
     
  5. Jan 5, 2011 at 5:55 PM
    #5
    CelticTaco151

    CelticTaco151 Well-Known Member

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    i dont know, so i can't really contribute. i just wanted to say WOW. :facepalm:
     
  6. Jan 5, 2011 at 6:04 PM
    #6
    lynyrd3

    lynyrd3 HARDCORE CARNIVORE BOW HUNTER

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  7. Jan 5, 2011 at 6:08 PM
    #7
    fletch aka

    fletch aka [OP] www.BeLikeBrit.org

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    This is in California.
     
  8. Jan 5, 2011 at 9:31 PM
    #8
    uood8

    uood8 If You Search...You Shall Find.

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    California Penal Code 470 forgery is a "wobbler" which means that it may be charged as either a misdemeanor or a felony. If convicted of misdemeanor forgery, you face a maximum county jail sentence of one year. If convicted of a felony, you face a California State Prison sentence of 16 months or two or three years.
    If you are convicted of felony forgery and have at least one or two prior "strikes" on your record, you will be subject to a significantly greater prison sentence under California's Three Strike's Law.


    In addition to a jail or prison sentence, you may be required to
    • Pay fines of up to $10,000 for a felony (up to $1,000 for a misdemeanor),
    • Pay restitution to any victims, and
    • Participate in community service or labor.
    Most counties offer an alternative sentencing option if you were charged with passing a "bad" check. These "bad check diversion programs" require that you make full restitution to the victim and attend an 8-hour intervention class. Successfully completing this program prevents you from being criminally prosecuted.


    ^ Last paragraph states the option for the passing of the check (uttering) and alternative sentencing. Since she would technically be guilty of forging and uttering since she signed the check with intent to defraud and successfully passed the check.
     
  9. Jan 5, 2011 at 10:10 PM
    #9
    vbibi

    vbibi Well-Known Member

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    There are more circumstances on which depends the sentencing. First she has to contact a lawyer. If the district attorney is satisfied with the outcome of the restitution, depending on age of the young girl, prior occurrences, remorse and family commitment to supervise the minor, it may not go to far in the court.
    The most important first step is to contact a good lowyer.
    Take care
    vbibi:(
     
  10. Jan 5, 2011 at 10:24 PM
    #10
    rbeezy

    rbeezy Well-Known Member

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    thats a big time felony. most likely jail time and a fine
     
  11. Jan 5, 2011 at 10:26 PM
    #11
    ToucanV13

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    Sounds like some jail time would do her some good
     
  12. Jan 5, 2011 at 10:46 PM
    #12
    Honey badger

    Honey badger Honey badger hits whatever tree he wants to hit!!

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    I'm not sure but I think any amount over $5,000 is a felony.
     
  13. Jan 5, 2011 at 10:54 PM
    #13
    genxer36

    genxer36 Lord of Tomfoolery

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    She better learn to like girls. She will get jail time.

    I worked with someone that did something similar & she was busted by the local law as well as the FBI. She had federal & state charges filed against her. She was also stealing credit cards & using them.
     
  14. Jan 5, 2011 at 11:03 PM
    #14
    StormTrooper

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