QUESTION
What should I do if my friend asked me to cash a check that turned out to be counterfeit?
Asked on Dec 29th, 2011 on Criminal Law - California
More details to this question:
My friend asked me to cash his check for him. It was a $4,000 blank cashiers check. At the check cashing . It turned out to be a counterfeit check and the police were called. I was very scared and I left. Do I aproach them and call them or should I wait to see if they even make something out of it. Will they arrest me when I approach the situation? And if so, what would be my charges? This would be my first time offense.
10 ANSWERS
Criminal Defense Attorney serving Weaverville, CA
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James H. Dippery, Jr.
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What kind of really good excuse did the friend use to convince you to cash a 'blank cashier's check for $4,000? Even if true that is not going to very believable, particularly since I'm guessing the chances of your friend agreeing it was all 'his' idea is zero. Most likely they have this incident on video, plus my guess is that they had already looked at your identification info prior to beginning the cashing process. So, you know that they will be looking for you. Since you probably do not want to tell them the 'friend' story (or any story for that matter) you should either immediately contact an experienced criminal defense attorney, or if you can not afford counsel sit tight until you are arrested or cited into court and then ask for the Public Defender. Do not talk to anyone else about the case or your involvement.
Answered on Jan 12th, 2012 at 10:35 AM
Criminal Defense Attorney serving Newport Beach, CA
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Law Offices of Anthony Sessa
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Sit tight. Let sleeping dogs sleep! If the police track you down, do not talk to them. If you try to help yourself by explaining your innocence, you will invariably incriminate yourself. Just tell them you have an attorney and do not wish to discuss any questions regarding any subject, whatsoever! If the police threaten to arrest you for not cooperating with them, do not become intimidated. Stick to your guns. Bail out of jail, if necessary. By talking to the police, you will only dig a deeper hole for yourself.
Answered on Jan 11th, 2012 at 10:17 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Do not speak with the Police. You have no duty to help in your own prosecution. If someone is trying to harm you then the Police can and will help, but when you are the focus of their attention they are not your friend. If they contact you let them know that you will only speak with them if your attorney is present, then keep quiet.
Answered on Jan 10th, 2012 at 1:21 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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Don't talk to anybody and don't confess to anything. You could be arrested for check fraud, burglary and related offenses. You might consider hiring a lawyer before charges are filed so that he/she can do whatever they can to prevent this from snowballing into a bigger problem.
Answered on Jan 10th, 2012 at 12:28 PM
First you need to hire an attorney. Your attorney will then go with you to the police. If this can be worked out at that time, then you know what are your choices are.
Answered on Jan 10th, 2012 at 12:28 PM
You should absolutely not approach anyone except a lawyer. Without one, chances are you will begin talking to the wrong people and incriminate yourself. In other words, a good case can quickly turn into a loser if you don't have a lawyer beside you as your representative.
Answered on Jan 10th, 2012 at 9:17 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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The inclination is to go tell it a ll to the cops. Don't do it. They will just think you're lying and bait you with questions later used to "prove" your guilt. Hire a lawyer. Have the lawyer negotiate a use immunity agreement in exchange for your statement and testimony at trial. If you're arrested, assert your fifth amendment rights.
Answered on Jan 10th, 2012 at 9:07 AM
Daniel Kieth Martin
You should contact a criminal defense attorney as soon as possible and discuss your options and the best way to proceed. Many people tell me that they do not have enough money to hire a lawyer, but if they would sell their possessions or borrow the money they could afford a lawyer. I often tell them that their possessions are not going to help them when they are sitting in jail. Whatever you do, do not speak to law enforcement about this until you have spoken with a lawyer.
Answered on Jan 10th, 2012 at 8:56 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Quickly hire an attorney and let him/her do the negotiating with the police. Meanwhile, if arrested KEEP YOUR MOUTH SHUT.
Answered on Jan 10th, 2012 at 8:53 AM
Criminal Law Attorney serving Santa Ana, CA
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The Law Offices of Christopher J. McCann
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This is a very common scam and the only perpetrator typically arrested is the person with the accountyou. Do not approach the police alone! Contact an attorney. An experienced attorney will be familiar with this scam and can do the talking for you. Don't ignore this either, because the bank has certainly given the police your information. You can be arrested and charged with forgery. This could even be a felony because of the dollar value.
Answered on Jan 10th, 2012 at 8:49 AM