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  1. #1
    Join Date
    Oct 2011
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    3

    Default Cashing Stolen Checks

    My question involves criminal law for the state of: California

    My brother is going to court tomorrow because he stole checks from his job. for what he told is close to $90K (he didn't get it all since he would split it with his friend). He did not put his name on any of the checks but instead put the name of one of his friends. They got caught. He confess it was him the one providing the checks as well as putting the name on some of them. This was back in April or May. he didnt hear anything about it until today when the officer asked him to go to his office tomorrow at 730AM to go to court. He has never been arrested or even had a traffict violation. He has recently fixed his immigration status because he got marry, would this affect that? what can he expect? can he be free and just pay back the money or will he face time? Thank you!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Cashing Stolen Checks

    If by "He has recently fixed his immigration status" you mean he's a citizen, he's a citizen. If you mean he applied for LPR status, committing a major felony that happens to also be a crime of moral turpitude can be expected to affect his status, and is likely to earn him a deportation order and a trip back home.

    If he has the money to pay back, he can let his lawyer know that he's prepared to pay back the money. That may help with any plea negotiations. He needs to be working with a lawyer.

  3. #3
    Join Date
    Oct 2011
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    3

    Default Re: Cashing Stolen Checks

    I know he has a recidency card that needs to renew next year. He doesn't have a lawyer since I know he doesnt money. He started working already is trying to do good I have given him a hand by finding him a good job and he doesn't want to lose that of course. He's planning to go back to school, he's only 24, the officer told him he will be prodived with a lawyer tomorrow and he will be able to talk to him. wouldn't he be sent back home if the case reaches federal court, if it's stays on the state court wouldn't he be alright on regards of his immigrant status? He's a good kid just made something stupid and he knows it will bring consequences. but if the officer advices the court to let him go on parol, because of his age, because he's turning him self in and he doesnt have any criminal record wouldn't the judge/court concider the officer's advice. I mean he did not harm anyone (the person directly involved is a crook, and my brother knows a lot of stuff that can harm him but does not want to do that) and he wants to pay the money back but he cannot do so if he goes to jail etc.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Cashing Stolen Checks

    Never take legal advice from the police. The police generally do NOT make suggestions on punishment of crimes. The DA might.
    He should ask for a public defender if he is indigent and can not afford private counsel.
    The check case isn't likely to be prosecuted in federal court but he'll end up possibly facing federal court on the immigration issue if he's convicted.
    Make sure the lawyer knows about his immigration status, but doing anything about that now is putting the cart before the horse.

    What is he actually charged with?

  5. #5
    Join Date
    Oct 2011
    Posts
    3

    Default Re: Cashing Stolen Checks

    I really don't know since he hasn't been to court or anything the investigator told him to go turn himself in tomorrow and that he will havea court case tomorrow in the morning. he said they will provide him with a lawyer, but since he has a job that might now workout fine?

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Cashing Stolen Checks

    Quote Quoting edall
    View Post
    I really don't know since he hasn't been to court or anything the investigator told him to go turn himself in tomorrow and that he will havea court case tomorrow in the morning. he said they will provide him with a lawyer, but since he has a job that might now workout fine?
    Your friend stole almost a 100K. This will NOT work out fine.

    Unless he has a job that pays a 100K a week, it will take him YEARS to pay the company back the money he stole.

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