QUESTION
I'm pretty concerned that my boyfriend may have a whole lot of trouble coming down the line what’s going to happen?
Asked on Jun 16th, 2013 on Criminal Law - California
More details to this question:
My boyfriend got a refund check from his school and eDeposited the check by taking a picture on the banks app. He then waited a month and cashed the check at a party store. He seems to think that if it catches up to him that he can just deny he cashed the check, saying that the paper check was stolen or lost after he edeposited the check.
7 ANSWERS
Michael J. Breczinski
The clerk may be able to ID him. They may also have cameras at the cash register. Yes he is in a lot of trouble.
Answered on Jun 20th, 2013 at 9:46 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Your boyfriend sounds like some of my former clients who are now in prison. What's done is done. You both need to stop talking about it. If the cops come around asking questions, your boyfriend needs to exercise his right to remain silent.
Answered on Jun 17th, 2013 at 9:11 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Your boyfriend needs to talk with a lawyer immediately who can try to help him make restitution before charges are filed.? Your boyfriend committed a felony offense.
Answered on Jun 17th, 2013 at 9:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your boyfriend has committed a bank fraud, and has admitted it to you which makes you a possible witness to his admission. He needs an attorney and, in fact, should immediately engage one to try to forestall any prosecution by Reed payment of the ill-gotten funds. By this time the school will have been potentially charged twice for the same check and will not be in any way happy with the situation.
Answered on Jun 17th, 2013 at 9:11 PM
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Yeah, that can be a felony - theft and fraud. the check cash place must have some record keeping system and it is probably on video. if he goes to the check place and say I made a mistake - sorry, here is your money back. Then maybe he can avoid consequences. But, it might be best to have a lawyer help with that. if the police come, just say, I want a lawyer and nothing else.
Answered on Jun 17th, 2013 at 9:10 PM
Geoffrey MacLaren Yaryan
That sounds more like a statement than a question. If you are asking will he get away with it, impossible to know at this point.
Answered on Jun 17th, 2013 at 9:10 PM
What he did is theft. Depending on the value of the check, it is petty theft or grand theft. Theft can be charged as a misdemeanor of felony. Misdemeanor theft is punished by up to a year in county jail and/or $1,000.00 fine. Felony theft is punished by sixteen months, two years, or three years in state prison.
Answered on Jun 17th, 2013 at 9:10 PM