Legal Question in Credit and Debt Law in Rhode Island
forged check responsibility
Do to identity theft, a friend had several checks written in her name with a forged signature. She is being told by the authorities that until the theft is caught, she is responsible for paying for all of the fake and forged checks the theft sent out in her name even though it's obviously a forged signature. Is this possible? The police say they KNOW it isn't her signature, but she's being told if she doesn't cover them, she'll be arrested because they are in her name and use all her personal information (which was stolen from the database of a phyical therapist she was seeing)
1 Answer from Attorneys
Re: forged check responsibility
Generally speaking, the police & the prosecutorial authorities have the discretion to determine if there is probable cause to make an arrest. That is not to say every arrest is made in good faith, or the contrary. I query how a good faith arrest can be made for forgery when the police presumably "know" it is not your friend's signature, therefore vitiating any intent to defraud, which is a key element in any prosecution for forgery or larceny.
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