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  1. #1
    Join Date
    May 2006
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    3

    Default Fraudulent Check Felony

    I desparetely need advice. I am charged w/ 3 counts of forged checks (had 3 checks w/ me - 1 of them was bad due to typo). I was doing a favor for a relative who doesnt live in US. Had no idea these checks were fraud. I went to the bank and asked them to valid these and they told me thhat they are valid. So when I asked them to cash 1 of them ($2900) and they found out it was fraudulent and police arrested me.

    The current situation is, the prosecutor offered me 4 yrs of jail time (I am a parmanent resident not US citizen). My lawyer told me that I have 2 choices now. Either plea guilty to the judge and as a first offence (never broke a law, not even got a speeding tk in 9 yrs living here), judge will give u a probation not jail time (he's saying this from his 13 yrs of exp) or say not guilty and go for trial. But the case that police created against me - he thinks it will be better for me to take plea against the judge and not go for trial.

    Now I need advice from you all - is my lawyer telling me the right thing? What shud I do? If I plea guilty in front of the judge and he gives me probation, that's ok but because of felony charge I will be deported from this country as green card cannot have a felony charge. Please tell me your advice. And thanks for reading it.

  2. #2
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    Default Re: Fraudulent Check Felony

    For immigration purposes the issue isn't whether or not you go to jail - it is whether the possibility exists of a jail sentence of a year or more for the conviction charge. If there is, the conviction would likely trigger deportation proceedings even if you are sentenced to probation.

  3. #3
    Join Date
    May 2006
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    3

    Default Re: Fraudulent Check Felony

    Quote Quoting Mr. Knowitall
    For immigration purposes the issue isn't whether or not you go to jail - it is whether the possibility exists of a jail sentence of a year or more for the conviction charge. If there is, the conviction would likely trigger deportation proceedings even if you are sentenced to probation.
    thanks for replying. I was actually asking for which choice I shud be taking. I am in contact w/ www.fraudaid.com advocates who are insisting me not to plea guilty and go to trial. They are telling me I am a victim here and they can help me thru my lawyer to win the case. Do u know these guys?

    Also can u please tell me Mr. Knowitall, if I do plea guilty, will the judge give me probation or will he give me jail time as a first time offence? And do u think I have any chance of getting a good deal (like diversion or misdeamenor) from the prosecutor if I go for trail? I hope I am not too much. Just tell me yr opinion or yr experience. Thanks in advance.

  4. #4
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    Default Re: Fraudulent Check Felony

    It appears that the prosecutor doesn't see you as a victim of a foreign relative, but sees you as an active participant in the fraud. (You can confirm that impression with your lawyer, but I can't see why the prosecutor would otherwise be taking such a hard line.) So I doubt that the prosecutor is going to suddenly offer you a great plea bargain unless you come up with some pretty compelling evidence that you are in fact innocent.

    Sentencing law and policy varies by state. Ask your lawyer if your state has sentencing guidelines, and how your case scores under the guidelines given the charges filed.

  5. #5
    Join Date
    May 2006
    Posts
    3

    Default Re: Fraudulent Check Felony

    Quote Quoting Mr. Knowitall
    It appears that the prosecutor doesn't see you as a victim of a foreign relative, but sees you as an active participant in the fraud. (You can confirm that impression with your lawyer, but I can't see why the prosecutor would otherwise be taking such a hard line.) So I doubt that the prosecutor is going to suddenly offer you a great plea bargain unless you come up with some pretty compelling evidence that you are in fact innocent.

    Sentencing law and policy varies by state. Ask your lawyer if your state has sentencing guidelines, and how your case scores under the guidelines given the charges filed.
    Thanks very much for the reply. I am talking to different lawyers to get their opinion and will decide depending what they.

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