Legal Question in Criminal Law in California

I'm in California. My friend was overdrawn at bank. She started working late hours. I cashed her checks for her. She takes care of and cleans a lady's house. She left the payee line blank so I could put my name or cash on them. I put my name and deposited them in my account. Few months later I get called to the sherrif station and they say they were stolen. I did not do anything wrong. My friend told them I did not steal anything. She says that the checks are not stolen and the lady is losing her mind. The cops assume I did because in 2003 I had a financial crime and many years prior to that. The DA thinks same. Both of us have been charged. She never appeared. They filed ad misdemeanor but can bump it up. I have to take it to trial. What do I do?


Asked on 1/30/14, 1:48 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney, my advice is to go over all the facts with your current attorney or seek qualified and experienced private counsel. There are many facts that's need to be known that isn't possible in this forum. You need to sit down with a good criminal defense attorney and go over all the facts, to get professional advise. I wish you well...........David

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Answered on 1/30/14, 2:04 pm
Terry A. Nelson Nelson & Lawless

Yes, you probably face felony charges "with priors" that will increase the potential prison time if convicted. Her non-appearance will make them think she is guilty and running, and that will make them think you are guilty too.

A little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 1/30/14, 2:12 pm


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