A friend of mine’s daughter had her car keys stolen. The thief took her purse & check book. The thief was a girl who was caught and arrested. The person wrote 7 checks in 4 different counties. The question came up as to what type of charges will be filed and at what level. Is check forgery a federal, state, or county offense. Does each check count as one charge or are they lumped together. None of the checks were over $150, so individually they are not felonies, together they total over $1000. Any lawyers or people with first hand knowledge?
I’m not a lawyer, and I don’t play one on TV.
(My only first-hand experience with bad checks is with a schmuck at my old office. He closed an account when I still had two payment checks for a car I sold him, then he paid me for something else with a check from his fiancee’s account, with her signature obviously forged. [For the latter, I quickly cashed it at her branch, even though I knew it was forged. Then I left a message on her voice mail thanking her for taking care of her fiance’s debt to me. ])
IIRC, just the act of writing bad checks is a felony, no matter what the amount they were written for. I think it’s a state-level crime if they stayed in-state; I think there’s a federal statute if they write a bad check on an out-of-state account.
In most jurisdictions, bad checks are felonies in the situation you describe (some one forging an entire check off of some one else’s account).
Handled at the state level. Now, for the GOOD news, the amount the check is for is not the issue (again, in most jurisdictions), so even if the checks were for $5 each, felonies, each and every single one. State level (counties may have seperate criminal proceedings, but the charges would be on a State statute)
And, since the crimes occured in multiple jurisdictions, it’s unlikely that the person will be offered a deal to plead to one and have the others dropped (since the different counties would have jurisdiction)
Now, for the bad news - if the amounts were small (like $5) it is PROBABLY that unless the county has a deep abiding interest, they’ll probably plead them down to a misdemeanor charge.
Federal charges come from altering a check based on federal account (like cashing the fraudlent IRS refund), not necessarily from crossing state lines to cash a bad check. I knew of a case where a guy stole a deposit slip in Michigan, used it to order blank checks from some company in who knows where, then used one of the blank checks to defraud some one in Kansas. State charges (in Kansas) for that one.
My info comes from 20+ years working with convicts… (those who do bad things like that)
One out of two ain’t bad.
Just want to make sure you don’t get misled by any misinformation.
Your daughter is in big trouble, bucko. Lost checkbook eauals hard time in a federal pen. I strongly suggest she travel to some country that doesn’t have extradition agreement with the U.S. In fact, if the bad paper was used in the course of international commerce, book your flight to the Hague, cause she may have to leave the planet.
Gee, let’s see. Where could I get information as to the legal implications of this event? I know! An internet message board. Hey guys, while you’re at it, what should I have for dinner tonight.
Meatloaf, mashed potatoes and green peas.
I think it’s clear the OP was looking to get a general handle on how things work without calling the local prosecutor who probably wouldn’t want to spend the time answering basic questions about jurisdictions. They didn’t appear to me to be looking for legal advice per se, just information on how a system works. and yea, any information /advice you get from a web site (and especially a message board) you’d be foolish to go to court with that as a defense (and I’ve actually said as much to others), but as far as basic info goes, it’s much like calling your personal friends and asking the same thing. I don’t think you would have been likely to dress down your friends for asking what you think, now would you?
Hey, bro. Maybe just feeling a bit pissy this a.m.
But this really seems like something that could be very easily, and in fact better, answered any number of ways, from any number of sources. If Sn wanted to ask someone, how bout starting with whoever told him the perp had been arrested? If it was a cop, they usually have at least some general idea about the penalties for the crimes the arrest folks for. If they say who is prosecuting, that gives you a tip off. And even tho the prosecutors may no want to spend as much time chatting you up as those of us here (they may feel they have real work to do) it is possible that what little they deign to say will be informed and directly relevant to the specific situation. I deal with government employees at various levels all the time both in the course of my work and private life. I am regularly pleasantly surprised at how much useful info I get by being polite, and allowing someone to feel like they are smart and actually helping me.
If he wants to go the book route, let’s see, local, state, and fed stats are pretty darn available both in libraries and, in many cases, on line.
Oh yeah - that’s what I had LAST night (cept for green beans instead o’ peas) and there ain’t enough for leftovers tonight. Try again. (assume smilie here)
no hard feelings here.
Spaghetti, meatballs, and a tossed salad for tonight.
I’m with you on the “ask the right question of the right person”, really. Drives me nuts to see folks ask questions like “are lock picks legal to carry” (I referred the person to their local prosecutor’s office, or attorney generals office) I personally call our local Attorney General all the time, then the last time, some one gave me the web site with all the laws… ( )
or the questions I’ve seen like “should I let my lover do such and such to me…” geez.
but, back to this person, they seemed, to me, to be looking for general jurisdicational info and yea, a library would work, but then, you wouldn’t get clever comments or wonderful meal suggestions. (not that it matters, but I wouldn’t want folks to accuse me of being misleading, but bro is what I call my brother, he calls me “sis”)
Hey folks, the OP states this happened to a friend’s daughter. The thread title also states this is curiosity. The events occurred yesterday, my friend told me this morning about notification of the arrest. The group of people talking about this “event” are not lawyers. We have no experience with forgery or fraud. I thought there might be someone who had some knowledge in this area. I guess these types of questions are wrong to post on this board or I’m an idiot for doing so. I should have found out what police department arrested the person, and called them up directly to get the Straight Dope.
hey, I had no problem understanding you wanted general info, and, as I recall, answered same… no police on my end, thank you. and as far as the other things I mentioned, I didn’t answer the sexual question, did recommend to the other person to get the info from the source in terms of the legality of something he wanted to buy. And, I even made some wonderful dinner suggestions.
Friends???
Sn-man
Don’t sweat it. You posted to the right forum and the question was appropriate. If nothing else, I learned a little something by reading the answers (something that wouldn’t have happened if you made a phone call), so you’ve helped fight ignorance today.
Dinsdale, maybe reading the OP carefully would help next time.
grem
Hey wring, you’re right, sorry for stomping. This is the second time I have asked something and have had someone jump on me or imply I’m an idiot due to misunderstanding the post. Friends definitely! As for the dinner suggestions, keep it to low cal and healthy, I’m on a diet.
Sn and grem
So sorry for my unforgiveable transgression.
Please allow me to correct my error.
Your FRIEND’S daughter is in big trouble, bucko. …
If Sn’s FRIEND wanted to ask someone …
With these major alterations, I stand by my previous posts.
And tonight I think I’ll burn some flesh on the barbie. Probably chicken. Only question is whether I should go the marinade or BBQ route. Suggestions?
Tinman, your question wasn’t inappropriate. It would be helpful, though, if you gave us the state this happened in.
Laws vary. For example, if this happened in Illinois, I might have something useful to say, because there is a civil bad check statute here that is a great tool. Means nothing if you are in Idaho, though.
Sn and grem
So sorry for my unforgiveable transgression.
Please allow me to correct my error.
Your FRIEND’S daughter is in big trouble, bucko. …
If Sn’s FRIEND wanted to ask someone …
With these major alterations, I stand by my previous posts.
And tonight I think I’ll burn some flesh on the barbie. Probably chicken. Only question is whether I should go the marinade or BBQ route. Suggestions?
Sn and grem
So sorry for my unforgiveable transgression.
Please allow me to correct my error.
Your FRIEND’S daughter is in big trouble, bucko. …
If Sn’s FRIEND wanted to ask someone …
With these major alterations, I stand by my previous posts.
And tonight I think I’ll burn some flesh on the barbie. Probably chicken. Only question is whether I should go the marinade or BBQ route. Suggestions?
Humbly seeks forgiveness for the multipost and slinks away
Dinsdale - the multiple posts worked, it gotme laughing about it. Oh, by the way, the only unforgivable transgression committed is not inviting us over for flame seared flesh.
Random – Congrats, you’re the first person to get the meaning or acknowledge it. The check forgery occurred in Colorado.
Again this was just that need for instant gratification of my curiosity. I’m sure that my friend will fill in the details as information is provided by the police and judicial system as soon as it becomes available.