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kittypaclady
Oct 24, 2009, 08:22 PM
My papa is being chargered with 13,000 dollars of bad checks that he did not wright and know they trying 2 get him for it :confused::(
How can they do that's its not right

kittypaclady
Oct 24, 2009, 08:22 PM
They cant

Fr_Chuck
Oct 24, 2009, 08:46 PM
Well who wrote them ? Why do they believe he wrote the checks, he merely has to prove he did not write them, and prove he did not cash them.

If for example he accepted "checks" in some fraud and cashed them at his bank and then the checks were fraud, he has to give and pay that money back, if he does not, he can be charged also. *** not that this is what he did ( I have no idea) just one example of how a innocent person can get charged

excon
Oct 25, 2009, 06:38 AM
Hello k:

If he's innocent, they can't convict him. He needs a good lawyer.

excon

SmellyDogsMom
Oct 25, 2009, 07:06 AM
Well, innocent people can be convicted, but normally, they are not. However, to make a basd check charge, they will need either an eye witness (person or video) or a hand writing expert. Nowadays, cell phone pings could compliment the hand writing expert or the eye witness.

Your dad should lock up all of his check books. If he did not write the checks, someone may have stolen one of his books. He needs to find out what numbers the bad checks are and check if they are from his current book. If not, he should tell his lawyer.

phlanx
Oct 25, 2009, 07:10 AM
Hello kitty

I don't know what the laws are like with yourselves in the states, but here if a person was charged with the same, he would simply submit the "fraud checks" and examples of his own previous checks to a hand writing expert

In addition, when and where the checks were cashed would be another indication of guilty or innocent

As excon states I would have thought a good lawyer would inform you of this, but then I don't know if that is admissible - Judy (legal expert) will be able to inform you better of that procedure

excon
Oct 25, 2009, 07:54 AM
Well, innocent people can be convicted, but normally, they are not. Hello Mom:

Of course, innocent people CAN be convicted... In fact, it happens every day. Usually that happens when the only evidence is eye witness testimony... As much as we THINK it's reliable, we have come to find out that it's NOT..

But, when the evidence is HANDWRITING, it would take the worst lawyer in the world, a crooked prosecutor, a sleeping judge, and the dumbest defendant ever, for him to be convicted.

But beyond that, since the handwriting on the checks ISN'T that of the pappa, charges won't even be brought in the first place. That's why I say he can't be convicted.

excon

PS> I DO suspect, however, that this isn't about checks that pappa wrote. I'll bet it has more to do with checks pappa received in the mail that he deposited. He then sent the maker the bulk of the money and spent the rest before the checks bounced...

But, I'm just guessin. It IS a well known fraud, however. Too bad pappa didn't know about it.