Legal Question in Criminal Law in Pennsylvania
Forgery & R.S.P.
My daughter is in jail for forgery and receiving stolen property. She had a ''friend'' who came to her and said '' My Grandma wants to write me out a few checks ao I can get some things for my son but I don't ahve an I.D. and I don't have a bank account can she write them out to you and if so will you cash them for me'' Well needless to day she did and we have come to find out that the checks were stolen. Even the affifdavit states that the woman who owns the checking account has no idea who my daughter is. Does my daughter have any legal leg to stand on? We have no idea where the ''friend'' is as this charge was filed in 3-2006. My daughter has a retail theft charge which she is currently on probation for and another charge of fleeing and eluding and reckless driving. I know she is no where near a saint but I am trying to get her some help since she had no idea these checks were stolen. I was going to go and talk to the owner of the account to see what I might be able to do or if she knows where who or where this ''friend'' is. I am so afraid that my daughter will get some serious time from this I am very scared if there is anything that you think I or she might be able to do please let me know. I will be forever grateful.
Thank You
1 Answer from Attorneys
Re: Forgery & R.S.P.
Do not call the owner of the account. That is a very bad idea.
In your previous question you indicated that you have no faith in the Public Defenders in your County because they tend to plead defendants out. In this situation, though, a plea bargain is probably the best choice. With your daughter's record only her Mother is going to believe the story that she didn't know the checks were stolen or at least questionable.
If, in fact, the friend was the one that stole the checks, the owner of the account may be able to identify him or her with your daughter's help and that may make it easier to work out a deal.
I may be wrong on this but I would bet that if they do find the person who gave your daughter the checks, that person is not going to say that your daughter didn't know what was going on and take the entire blame.
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