QUESTION
How can I prevent being arrested for a crime committed by someone else?
Asked on Nov 21st, 2012 on Criminal Law - California
More details to this question:
A friend, who had been staying in my home after a separation from his wife, asked me to cash two money orders, due to his bank account being overdrawn, and when I banked he claimed to have lost the receipts. I cashed them at my bank after he filled out all the information. Two weeks later he told me during a phone conversation that he had reported the money orders as being stolen. He had also previously given me, for 'safe keeping' copies of his house key and key to his storage locker which contained several high dollar items. He inquired late one night via phone whether I owned bolt cutters. I do not, and asked him why he wanted to know. He replied, I am broke. I asked that he not tell me more. He ended the conversation with asking if I still had possession of the keys to his home and storage locker. I am in the dark with my legal rights or standing. I've never been in any trouble whatsoever. He threatened to prosecute for 'theft of his money' if I did not pay him the amount of the money orders (which HE had!) plus interest. What do I do? He reported them as having been stolen!
6 ANSWERS
Michael J. Breczinski
I would get an attorney if I were you. Do not talk to the police. You want to get the attorney to deal with them. This may result in extortion charges against that person.
Answered on Nov 29th, 2012 at 6:48 AM
Keep your mouth shut, and do not talk about this with anyone other than your lawyer. The moment you open your mouth, you could be incriminating yourself. Ever heard of the right to remain silent? Exercise it!
Answered on Nov 28th, 2012 at 6:55 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, find a new friend. With that being said, who were the money order made payable to? What information was filled out at the bank. With regards to his keys, etc. I suggest that you have a mutual friend return the keys to him and get a receipt from him showing when the keys were returned. I also suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options. If he reported the checks stolen, you can expect a visit from the police. Do not give any statements or talk to police without an attorney present.
Answered on Nov 28th, 2012 at 6:47 AM
Thomas Edward Gates
Cut off further contact with this person. Go to the police and provide a statement. You should bring an attorney with you so that you do not make a statement that could later hurt you.
Answered on Nov 26th, 2012 at 5:24 PM
Your best bet is to have an attorney represent you and speak with the police so that you are ahead of the investigation, instead of reacting to the accusations of others.
Answered on Nov 26th, 2012 at 5:23 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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You need to hire an attorney to help you navigate through this mess. If you are called by the police, consult with your lawyer as to whether to talk to them. But there should be a paper trail which shows he's lying. If he goes to the cops and the cops decide not to prosecute you will have a very sweet civil cause of action against him-except he has no money. You might want to mention this to him the next time he calls demanding money.
Answered on Nov 26th, 2012 at 5:23 PM