Legal Question in Criminal Law in California
Friend is in jail and the DA is trying to charge him with 5 counts of forgery, commercial burglary and fraudulent writing. He paid (unknowingly), for dinner with counterfeit money. Can they charge him with a count for each bill that was used in that purchase? AND, for the other two charges as well?Also, what is he looking at in terms of jail time? He is in California.
3 Answers from Attorneys
It is hard to believe your story. The reason that it is hard to believe your story is that counterfeiting federal currency results in a federal prosecution, not a state prosecution. California prosecutes forgery and counterfeiting of other financial instruments, but not federal currency.
Rather than making up a story and lying to prospective attorneys, your friend should keep his mouth shut, get an attorney, and only tell the truth to his or her attorney.
You really should contact a local, experienced attorney and go over all the facts, so the expert can ask additional questions, and give you an idea on what to expect. As a Former Deputy District Attorney, I can tell you that it is impossible to give internet answers without knowing a lot more facts. Call an attorney if you really want specific answers and expert advise. I hope that helps..... David Wallin
The DA isn't TRYING anything. He IS going to charge whatever he thinks he can prove and convict on. Us educating you about the applicable law is doing your friend exactly no good, other that to advise you to get him an experienced attorney who will then listen to the 'story' and defenses claimed in order to figure out the true facts and how best to handle the case.
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