[TOOLlover]

Okay, so I found some blank checks, filled them out myself, then went to money mart to cash them. While they claimed to be processing the checks the clerk called the police and had me arrested. My question is simple what are the possible sentences I could be looking at. Oh, I think I should add that this is my first offense.

[s_cianci]

You'll need to speak with a criminal lawyer in your jurisdiction.

[epawls]

There are too many variables to consider. An attorney can hypothesize about what type of sentence you will receive, but it is only an educated guess.

The penalties vary from state to state. Your sentence could range from a fine to probation to a term of incarceration.

You could be eligible for a deferrment or pre-trial program... if it is available in the state you live in. The spectrum of punishment is very wide and typically any prediction given is only guess work until the sentencing judge hits the bench with the gavel. Typically though, the farther along your case is, the better your attorney will be equipped to give you a ballpark figure.

You could also go to any library and look up the crimes code in your state... it is relatively easy to look up and it should give you the sentencing guidelines for that particular crime, but as far as what kind of sentence you will receive when it is all said and done is anyone's guess at this point... it is entirely up to the sentencing judge.

[JudyKayTee]

Where? What State or Country?

What are the exact charges against you?

The "under $5,000" would lead me to believe you are in Canada. If so you MAY be eligible for the diversion program. Here is something I wrote:

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney's office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”