Legal Question in Criminal Law in Minnesota

Sister Forged Company Checks Need Advice

My sister forged checks while living in Colorado. I just found out after spending $5,000 to move her and her son to Minnesota. They are going to be issueing a warrant on Monday. She signed $2,500 in company checks out to herself and cashed them. The employer says he doesn't want to ruin her life but has been told by the police that if he drops the charges he will lose all recourse for collecting the money. If I pay the $2,500 on Monday to the employer is it possible that the charges will still end up on her record? Is this a felony or a misdemeanor? What is she looking at as far as jail time goes for a first offense. The only thing on her record in the past was a domestic abuse assault charge from her husband. She has a three year old son and her husband is still in Colorado and doesn't seem to care about what happens to them. Can you advise? Thanks!


Asked on 7/03/03, 1:35 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Sister Forged Company Checks Need Advice

From what you say, the sister needs to consult a Colorado criminal defense lawyer (not a Minnesota lawyer -- except in regard to possible extradition proceedings and warrant).

In my Minnesota experience, as it were, if a person has in fact embezzled money from an employer and the police have strong evidence indicating this, then it is possible that the person will get charged whether or not they pay the money back first; and, if convicted they will normally be required to pay it back as "restitution." Sometimes, if the record is "clean" and the alleged crime not the most serious, it is possible to get into what we call in Minnesota a "pre-trial diversion program" where a charge is deferred and a conviction can be avoided upon meeting certain conditions including paying back all funds. On the other hand, if evidence of guilt in such a case is weak, "paying back" funds allegedly embezzled could be deemed evidence of and an admission of guilt. There is no substitute for retaining a good criminal defense lawyer, to investigate the facts, research the law, provide counsel, and representation. Really, you should contact directly a good criminal defense lawyer in the local area where the prosecution is expected in Colorado -- repeat -- a criminal defense lawyer in the local area in Colorado. That lawyer will likely know the local practices, and may be able to represent your sister (or you) in an effort to prevent charges from being filed, or minimize the impact if they are filed.

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Answered on 7/03/03, 11:40 am


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