Legal Question in Banking Law in Illinois
will they filey charges automatically?
my daughter had some equity credit put into my account. then wrote checks from my account to herself. we caught her. the bank asked if i wanted to press charges.. i said no. they said they still had to notify the states attorney, will they still press charges even though i said no.. they said it was bank fraud. we are handling it at home. we have a re-payment plan set and she is seeking counseling. they (the bank) arent telling us anything about it. please reply..
sad mom
1 Answer from Attorneys
Re: will they filey charges automatically?
Hello. The decision as to whether to bring
charges against your daughter will be up to the
Office of the State's Attorney. Typically, this
case would warrant a felony charge, assuming more
than $300 is involved. In my opinion after over
20 years of practice, the State will not bring
charges against your daughter, unless it believes
there is no reasonable doubt that she is guilty.
I suggests that you and your daughter refrain
from making any statements to the police, the
bank or the State's Attorney, without consulting
a lawyer first. You want to keep this situation
under control. In this situation, silence is
golden! I will be happy to answer any additional
questions that you may have.
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