Charged with Attempted Grand Larceny Over an Attempt to Cash a Cheque

[Rohit]

My question involves criminal law for the state of: New York State. I found a cheque worth 3400$ while I was returning back home from school(I am 25 years old and I am an international student). I kept it with me and never attempted to cash it. A few days later one of my friend came to my house and saw that cheque on my table. She got excited and said that she knows someone who can cash it. She left and came back 3 days later with another girl and asked me for the cheque. I gave it to her but she insisted me to come with them and give my ID i refused to give my ID but I went with them. They went to some cheque cash place I didnt even go inside. After 20 mins they came back and said it cannot be cashed and suddenly cops came and arrested us. They charged me and the girl who took the cheque from me with an attempt to cash a cheque they did not charge me with a felony and left us the same night at 12 after taking fingerprints. I do not have any previous criminal records. The penal code and name of crime are in the title of the post. My first hearing is on 10th of july I am very scared please give me suggestions for this.

[Mr. Knowitall]

You need to make up your mind as to whether you were charged only with the attempt to cash a check (and if so, under what statute) or if you were charged with felony grand theft.

A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.

A person is guilty of grand larceny in the third degree when he or she steals property and:

1. when the value of the property exceeds three thousand dollars, or

2. the property is an automated teller machine or the contents of an automated teller machine. Grand larceny in the third degree is a class D felony.

Quite obviously, when you commit a serious crime of moral turpitude you put your immigration status at risk - in the present and in the future. (You put your immigration status at risk when you choose to commit any crime.)

You should discuss your criminal charges and possible outcomes or potential plea bargains with a criminal defense lawyer - one who is aware of the immigration consequences of any criminal conviction that might result.

[Rohit]

Sir I was charged with an attempt to cash a cheque. The cops made a report that I gave that cheque to the girl which is some one else's property. And the girl went in to cash it.

[Mr. Knowitall]

If you are charged under the statutes listed above, those are the charges against you. If you are charged with something else, you need to identify the correct statute. One way or another, you participated in a serious crime.

[Rohit]

Yes sir those are the statutes which I see the the ticket I got. Can you please tell me what could be the possible outcomes of this. I have never endulged in any crime before this and I have no records on my name. My hearing is next week. What would be the punishment for giving a cheque to someone?

[Mr. Knowitall]

A Class D felony carries a potential prison term of two to seven years, and theft is it's a crime involving moral turpitude, so in a worst case scenario you could face incarceration followed by deportation. What deal a lawyer might be able to negotiate for you? That's something you need to explore by actually consulting a criminal defense lawyer. I would expect that it's possible to work out a disposition to a non-felony offense, but I'm not in a position to advise you about the policies and practices of the local prosecutor and court.

[Rohit]

Okay! Thanks for your time..