Legal Question in Criminal Law in Georgia

Forgery 1st degree

My husband went into business with some associates of his and one of his associates made some checks payable to my husband and I. These checks ended up being counterfeit or fraudulant. My husband and I were charged with forgery in the first degree. My husband was arrested for trying to cash the checks and I was arrested for depositing the checks into my account. My question is, why did we get charged with this? The law should protect people who are law-abiding. when we told the officers who gave the checks to us they did not want to belive us. We even told them that we had witnesses that saw this person give us these checks. Now our business is lacking, and our name has been destroyed. Can we then bring charges against this person to clear our name?


Asked on 1/06/01, 12:03 am

1 Answer from Attorneys

Robert Windholz Robert S. Windholz, Attorney At Law

Re: Forgery 1st degree

You must quickly retain a criminal attorney to defend you against the pending charges, regardless of how stupid you feel they might be.

If you defeat these charges you can then explore a malicious prosecution suit. It is difficult, almost impossible, to pursue the police for incompetence, unless a remedy can be found under the civil rights laws.

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Answered on 1/12/01, 8:10 pm


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