Legal Question in Criminal Law in California
I sold a printer on Craigslist for $120.00 cash. I spent the money at various places over the next few days. Finally I went to a 7eleven which I had visited several times since I sold the printer. I went to spend the last twenty and the clerk told my he bill was fake. After I made him show me he handed me back the bill and I payed on my credit card. I went out to my car and was eating my doughnut and drinking my coffee, When a policeman came up to my window and asked for my ID. Shortly therafter I was aressted and charged with possesion of a fake money? I had no idea thet that bill was fake. It seems that all the money I recieved for the printer was counterfeit? I had given them one a few days before and wasnt informed? How can I be charged if I didnt know the money was fake? Please help me understand!
2 Answers from Attorneys
Below is a excerpt from the US Secret service web site. Mere possession of counterfeit money is not a crime, it must be shown that you intended to use it knowing that it was counterfeit. Also, it is a federal crime and a California police officer and courts do not have the jurisdiction to enforce violations of the money laws. You need to find out what the exact charges are; you might have a claim against the local public entity for false arrest [claims must be filed with them within 180 of the incident]. You need to speak to a federal criminal defense attorney and give them all the details of the arrest; see if you ca et them to charge by the hour and not a flat retainer as they may not have to do very much on the case.
If you didn't know any of the bills were fake then you're not guilty. But if you've been arrested (for trying to spend the money, since mere possession is not a crime), the authorities believe you knew.
Counterfeiting is a federal crime, which is normally enforced by the Secret Service. Secret Service agents know that mere possession of counterfeit bills isn't a crime. If the people who arrested you said you were accused of possession, then you might be the victim of a scam.
You need a lawyer right away. If you can't afford one, the court will appoint one for you.
Good luck.
Related Questions & Answers
-
MY husband and I had got in an argument early during the day he had left. I then... Asked 5/25/11, 12:53 pm in United States California Criminal Law
-
The police put a gps tracker on my moms car without a warrent and have been... Asked 5/25/11, 10:17 am in United States California Criminal Law