Legal Question in Criminal Law in California

What if i did not know that it was stolen and i wanted to help a friend?

i was arrested on three felonies. pc470d, 476, 487a. all i did was walk into a bank and cashed a check for a friend who has no i.d. i didn't know the check was stolen. i didn't keep any money because it was my friends. i didn't know that it was a felony for helping out a friend in need. i didn't steal no chks or forge any checks. i signed my name and gave my thumb print and that is all. the bank supervisor also signed the front of the check, she even thought the check was good. why am i being held responcible when it was my friend that gave me the check to cash? what do you think my jail time would be?


Asked on 5/12/01, 3:21 pm

3 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: What if i did not know that it was stolen and i wanted to help a friend?

There are crimes of conspiracy to assist another to do a criminal act. Certainly you can be charged with conspiring to pass a stolen check. However, don't run scared. Talk to your attorney and be prepared to fight the case.

If you did not have an opportunity to steal the check, and the other person's finger prints are on the check, you've got a fighting chance.

Helping someone cash a check in and of itself isn't a crime. I'm getting ready to do it right now for an in custody client. He was found with his last check from his employer in his pocket when he was arrested.

I will not guess at what the sentence might be because you didn't give enough information. However I doubt you're looking at much more than a hand slap. Don't take an offer but look seriously at fighting it.

Lots of luck - Vic

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Answered on 6/21/01, 1:54 pm
Jerome Goldfein Jerome Goldfein

Re: What if i did not know that it was stolen and i wanted to help a friend?

The posecution has charged you with a crime and you say you are not guilty. The DA must prove that when you helped your friend you knew that it was a crime and you were doing a criminal act and intended to violate the law. If the DA can prove it, then the question of punishment comes in. That depends on many factors including your past record if any, your attitude, who is the judge and who is the DA etc, etc.

Please call if you think I can help and visit my web page at www.goldfeinattorney.com

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Answered on 6/21/01, 2:02 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: What if i did not know that it was stolen and i wanted to help a friend?

The best thing you can do for yourself is to consult with a criminal lawyer in the area near where the case will be held. Much more information must be known in order to analyze your legal strengths and weakness, and then predict an outcome. Many lawyers give free consultations. You're welcome to call me if your case is in the LA area. Telephone (310) 393 0639.

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Answered on 6/21/01, 6:27 pm


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