What Should I Do if Am Being Charged for Theft
My question involves criminal law for the state of:
Here is a small version to my story. I used to work for this company called Visiting angels and what they do is send nurses, CNA, CMT to their clients houses for couple of hours to take care of them and you leave when your hours are up. On November 2, 2012, I was sent to work with an elderly woman for 12hrs. From 8am to 8pm and basically all i had to do is care for her by giving her a bath, feeding her and read to her and sometimes maybe take a stroll downstairs. I did my job and I left at 8:30pm because my relief did not come in on time. Anyways, about three days later, I went to check my bank account just to make sure everything is good and i saw that a check was deposited in my account for the amount of $3000. Immediately I called my bank because I was not expecting any money in account and neither was i expecting such amount. I called my bank and told them to stop the check from clearing because it is not mine. Not forgetting it has my name on it and my signature which was forged becuase as much as whoever did tried to forge my signature there was still little things to point out that it was forgery. My bank asked me if i went into the bank to deposit any check and i said no, they questioned me how will someone be able to deposit a check in my account if it is not me and i told them if i had known i would not be calling them right. Anyway, the bank carried out an investigation and about a month or so they called and said the investigation was done and i was not found guilty (meaning i did not know how the money got in my account). During this investigation, I could not use my account for anything and even up till now i still cannot use my account. Two days after i called my bank about the check, i got a call from an investigator stating that he wanted to ask me some question about a stolen check from a client i worked with and i told him i was there on saturday to work for 12hrs and when i was done i left and i also told him about the mysterious check in my account and what my bank was doing. I gave him all the information to my bank and the people i spoke with, their numbers so he can contact them himself. After all the questioning i never heard from the investigator no more. I called several times, left messages for him to call me back so i can know what going on, but there was no response. I lost my job with this company because of this. After about three month of not hearing anything from the investigator, i got a letter yesterday that i was being summoned to the court for ATT- THEFT: $1K TO UNDER $10K, ISSUE FALSE DOCUMENT, FORG-ORDER FOR MONEY,GOODS, ATT-OBTAIN GOODS, MONEY-FORGER and THEFT LESS THAN $100.00. My question is what do i do about this because i know nothing about this. In August 2012, someone had my information and applied for unemployment in my name, but sadly for them, i used to work for my parent because they have a nursing agency and they got a letter from unemployment and that was how i knew that someone is using my information and i called unemployment to stop the process because i did not do it and i had a job then. Also this check was deposited through a phone, so the person did not even go into a bank to deposit so there was no face on the camera.
Re: What Should I Do if Am Being Charged for Theft
Name your state, please.
And...are you sure you did not steal this check and write it to yourself?
About this unemployment case...more details.....
Re: What Should I Do if Am Being Charged for Theft
The idea that somebody stole a check from the client you were caring for, figured out where you bank, figured out your bank account number, forged your signature to the check, deposited the check in your account, and then disappeared without a trace? Pretty absurd. What's your explanation for who would have been able to do that, and why?
The bank records will indicate how the check was deposited? If inside the bank, what did the surveillance video show? If it wasn't you, you have a face. If it was through the ATM, how did this person get your ATM card and PIN number on top of everything else? There may be video surveillance from the ATM. I don't know how long the bank keeps its video records, or if the police have already sought them; they generally won't release copies without a subpoena.
By the bank investigating you mean, you said "I have $3,000 in my account that's not mine," they verified that a check had been deposited and cleared, and they let you keep the money? Or do you mean they returned the money to the person who hadn't actually issued the check? I suspect it's the former, because if the check were rescinded and the money returned I suspect that we might not be having this discussion or that it would be of a different nature.
You should consult a criminal defense lawyer and look into whether you can still get bank security video.
Re: What Should I Do if Am Being Charged for Theft
So is this check "stolen" from the client you were caring for that day?
Is it your norm to check on your account randomly for activity?
If the check is in fact from the patient who was in your charge for just the one day, then the deposit was coincidentally made into your account shortly thereafter, are you gonna stick with the same story as what you depict here?