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  1. #1
    Join Date
    Jul 2009
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    2

    Default Criminal Conversion in Indiana

    My question involves criminal law for the state of: Indiana

    Sorry to bother. My friend wrote a check and signed it himself. He asked me to go by an ab roller because we were starting to workout in the early morning. I filled in the amount, and purchased the items with my friends check. The cahier and I went to school together, and called the police after I left the store with the merchandise. They arrested me for fraud and theft, but I was found not guilty when my friend showed up at court. However, I was found guilty of Criminal Conversion.

    This occurred approximately 13 years ago, and I recently got fired from my job because it actually showed up that I was found guilty of Forgery and Theft (felonies), not the criminal conversion. I finally got the court to correct the mistake, but now my employer wants the criminal conversion gone before considering me for re-hire.

    My mother is handicapped, and on a weekly basis I have to perform errands necessary for her quality of life which requires me to use her debit, credit, or checking account information. I am clearly not her, but if someone ever questions me they talk with her to make sure I have permission. I am sure there are many college students that have there parents credit cards for emergency purposes.

    My question is if you have permission from someone to use a check and buy something, and they sign it, is that criminal conversion? My friend flat out admits that he gave me permission, and he signed the check. I did fill in the amount, but was authorized to. My attorney at the time was horrible, every time I mention his name to another attorney they just laugh. He never interviewed my friend, and the case was on the spot at trial. He stated to me at the end “if I knew he was going to show up, and pay, then it would have been dismissed”.

    So I am seeking Post Conviction Relief, I believe that is my only option since it has been so long ago. I have zero money due to losing my job, so I am just requesting the reader(s) if they believe I an eligible for Post Conviction Relief.

    I appreciate your time

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Criminal Conversion - Indiana

    it is impossible to tell by what you have posted so I will post an excerpt from the rules for post conviction relief and let you make the determination.

    Section 1. Remedy - To whom available - Conditions.
    (a) Any person who has been convicted of, or sentenced for, a crime by a court of this state, and who claims:

    (1) that the conviction or the sentence was in violation of the Constitution of the United States or the constitution or laws of this state;

    (2) that the court was without jurisdiction to impose sentence;

    (3) that the sentence exceeds the maximum authorized by law, or is otherwise erroneous;

    (4) that there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;

    (5) that his sentence has expired, his probation, parole or conditional release unlawfully revoked, or he is otherwise unlawfully held in custody or other restraint;

    (6) that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding, or remedy;
    may institute at any time a proceeding under this Rule to secure relief.


    (b) This remedy is not a substitute for a direct appeal from the conviction and/or the sentence and all available steps including those under Rule PC 2 should be taken to perfect such an appeal. Except as otherwise provided in this Rule, it comprehends and takes the place of all other common law, statutory, or other remedies heretofore available for challenging the validity of the conviction or sentence and it shall be used exclusively in place of them. This Rule supersedes present Supreme Court Rules 2-40, 2-40A, and 2-40B.

    (c) This Rule does not suspend the writ of habeas corpus, but if a petitioner applies for a writ of habeas corpus, in the court having jurisdiction of his person, attacking the validity of his conviction or sentence, that court shall under this Rule transfer the cause to the court where the petitioner was convicted or sentenced, and the latter court shall treat it as a petition for relief under this Rule.

    (d) A petition filed by a person who has been convicted or sentenced for a crime by a court of this state that seeks to require forensic DNA testing or analysis of any evidence, whether denominated as a petition filed pursuant to Ind. Code § 35-38-7-5 or not, is considered a Petition for Post-Conviction Relief.

    (e) A petition seeking to present new evidence challenging the person’s guilt or the appropriateness of the person’s sentence, when brought by a person who has been sentenced to death and who has completed state post-conviction review proceedings, whether denominated as a petition filed pursuant to Ind. Code § 35-50-2-9(k) or not, is considered a Successive Petition for Post-Conviction Relief under Section 12 of this Rule.
    the only section that I can see that may be applicable would be a(4) but without reading the transcripts of the trial, it would be impossible to make such a determination.

    also note that in section b is speaks to the possibility of an appeal, which may also be a possibility although I have not read the rules regarding such appeal.

    as to "should you have been convicted"? From what you have posted, no but again, I do not have access to the transcripts or witnesses or their statements. It is very simply: if your friend had given you a signed check for the purpose of purchasing what you had and had authorized you to write in and has subsequently approved the amount, then no, you most definitely should not have been convicted of any of the charges.
    but again, the courts heard testimony and information we are not privy to.


    http://www.in.gov/judiciary/rules/postconvict/

  3. #3
    Join Date
    Jul 2009
    Posts
    2

    Default Re: Criminal Conversion - Indiana

    Is it illegal for a person to sign a blank check, and give someone else permission to purchase an item? This happened to me, but the person’s check bounced and I got charged with Criminal Conversion.

    I did not know the check was not good, and really trusted this person. The person that signed the check showed up in court and testified that it was there mistake. If it is not illegal for me to fill in an amount, how come I got convicted?

    Like I said, this happened almost 13 years ago, and I am trying to get it cleared. My attorney at that time told me “if I new that he was going to show up and pay for the items I could have got it dismissed”. He went on and told me the reason they found me guilty was because there was an unpaid dept.

    Why didn’t they drop charges on me, and re-file charges on my friend that wrote the bad check? He was right there in court and said it was his fault.

    I was like 20 or 21; I had no clue that this was going to have an adverse effect on me the rest of my life.

    I filed for Post Conviction Relief today, and have an evidentiary hearing at the end of this year. I hired an attorney when I first lost my job, and they told me they were 90% sure that I could get this off my record. I did some research, and there is no expunging in Indiana, and I am not eligible for my records to be sealed until at least 15 years have pasted. This attorney took half my money and refunded me the rest.

    I don’t have a job now, I called this lawyer hot-line, and they only offer assistance other than criminal. I just recently got married and had a baby; I just want what is fair.

    I was originally charged with Theft and Forgery, and found not guilty, but guilty of a lesser charge of Criminal Conversion. Well, I lost my job because I was not arrested for Criminal Conversion, and they reported on my criminal background that I was found guilty of the Theft which is a Felony. I was originally honest about the Conversion, but it showed up as Theft Felony, and my employer terminated my employment. The courts have since corrected this, but it’s to late now.

    I did not know his check would not be good; I grew up with this guy, and his whole family. He had a great job at the time he wrote this check.

    Anyway, any advice on how to proceed in this evidentiary hearing would greatly be appreciated. Or, if I can get a heads up of what an evidentiary hearing involves. Even Disney has a move that is about a kid that gets a Blank Check. I purchased exactly what my friend asked me to buy, $123.00 ab roller. Not proud of it, but I am over weight, I never have done an ab workout. My friend is all about health and fitness.

    So assuming what I am saying is the exact truth, and you indicate that I should not have been convicted of a crime, what actions should I take to get this resolved. I understand most lie, but let’s just say that I am telling the complete truth; from what I have researched the only way to get heard is the Post Conviction Relief. It’s been to long for any appeals, I believe.

    If I had money I would definitely pay for advice, I am flat broke. I hope you can understand my pain; your advice is much appreciated. I would be thankful for any additional or for others advice as well. Especially, comments on the evidentiary hearing.

    I am grateful for this web-site. I am/used to be in real estate, so I would like to help others that are in need.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Criminal Conversion in Indiana

    whoa! Now you are changing the story.

    You never said anything about the check bouncing. That is an entirely different situation.

    I did not know the check was not good, and really trusted this person. The person that signed the check showed up in court and testified that it was there mistake. If it is not illegal for me to fill in an amount, how come I got convicted?

    Like I said, this happened almost 13 years ago, and I am trying to get it cleared. My attorney at that time told me “if I new that he was going to show up and pay for the items I could have got it dismissed”. He went on and told me the reason they found me guilty was because there was an unpaid dept.

    Why didn’t they drop charges on me, and re-file charges on my friend that wrote the bad check? He was right there in court and said it was his fault
    . Bottom line; because you presented the check, not your friend. That puts everything on you and rightfully so. You did not get convicted because you wrote in an amount, you got convicted because you presented a bad check and then YOU did not make good on it.

    So assuming what I am saying is the exact truth, and you indicate that I should not have been convicted of a crime,
    I said that based on what you had posted previously. You should have been convicted unless when the check came back, you paid for it while explaining that it was a mistake.
    You see, generally, to prosecute for a bad check, the prosecutor has to prove intent. If, when the check was returned, you said "oh crap, I didn't know. My friend wrote that check and I thought it was good. I'm sorry and here is the money (cash only please) to replace that check. Now I am going to go to his house and beat the crap out of him. Thank you for understanding" Obviously your friend would have been the one that was notified and since he is such a great guy with a great job, he would have simply paid for the check and picked it up. The fact he did not is very telling. There is more to this story than you have even related this time.



    so, how did this ever get to court? Either you or your friend should have paid for the check long before it ever got to that point. I have never seen a merchant make the first call a call to the police. They call the person that wrote the check so they can make good on it. If they refuse, then the police are called.


    Sorry but your change of story allows me to see that your conviction was most likely not a mistake. A NSF check does not turn in to a criminal charge overnight.

    best of luck to you but I don't see you winning this thing.

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