Legal Question in Criminal Law in California
original Question. If I paid a bill with a online check ( not forgery or with an actual check, but by using routing and account number from a check image found in trash) for around $700, what could be the most serious charge they could file, and what is the statute of limitations for that charge in California?
But There is more. I am a parolee and I absconded rather than turning myself in to my agent. So there have yet to be any charges filed. Infact if I had turned myself in for the violation it is likely the DA would have rejected it in exchange for a violation, that is if my parole agent even gave me a DA referreal which doesnt always happen. But under the new laws, when the courts take over violation hearings in July of 2013 it will be a DA and it will have only been 2 years since the ofense, so should I wait untill August of 2014 to turn my self in since that will be three years? The violations will be 1/4 of what parole gives now? Trust me, I am in a place where they will never find me until I want to be. Even my email i use is in a fictitous name. Also with all thats going on with California parole, a low level like with 45 days to discharge when this happend, they are not really looking for me. They are just sitting back and waiting for me to get stopped or something. They have not even contacted any family and they have that information.
4 Answers from Attorneys
Don't assume law enforcement doesn't read LawGuru or that they can't identify your location from your IP address. Just sayin'...
Whenever you have a theft crime over $399.00 it can be considered a felony. Most DA offices charge it as such. When you use a routing number and account number to pay a bill online, you're representing that you are authorized to make use of those funds or that the account is yours. Therefore your violation can be viewed as forgery and/or grand larceny. It is a theft crime.
Offhand I'd say you can also be charged with wire fraud, which is a federal crime. The onees Mr. McGinity listed are state crimes.
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