Legal Question in Criminal Law in California

Re: Forgery

Maybe, therefore get him a good attorney.

Re: Forgery

Unless the D.A. alleges that your husband created the check or signed someone else's name to it, she has probably charged him with uttering, not forgery. Part of the definition of uttering is knowledge that the check or other instrument is fake, stolen or otherwise illegitimate.

So how can your husband be charged? Simple -- unlike you, the prosecutor believes he knew the check had been stolen.

A person who doesn't know he's negotiating a bad check isn't guilty, but one who merely *claims* after the fact that he didn't know is. You believe your husband falls into the former category but the prosecutor believes otherwise. She may be wrong and you may be right, but she probably has evidence beyond the bare fact that he tried to negotiate the check.

Your husband needs a lawyer immediately. He also needs to stop talking about this incident with anyone other than attorneys he consults, and you need to stop telling others what he has said to you. He may be in very serious trouble, and the more either of you talks the worse that trouble may become.

Good luck.

Re: Forgery

In a nutshell, the charge(s) your husband is facing require specific showing of intent and/or knowledge. Your husband needs a strong attorney, or else the outcome could unfortunately go against him, unless strong criminal defense arguments vindicate him.