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    patfighter's Avatar
    patfighter Posts: 2, Reputation: 1
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    #1

    May 22, 2012, 12:17 PM
    First time offender on a theft in Indiana
    Hi I am 21 years old I have never got in trouble before from the law and I was charge with theft and check forgery. Check forgery I was accused and my friend wrote me a check for 432 dollars and it was cleared when I brought it to the bank. And theft was because I sold 2 rings that were in my box that I found outside and my ex in laws said it was there when I sold it to the pawn shop. From my story will there be a way for me to avoid jail time?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    May 22, 2012, 12:33 PM
    Quote Originally Posted by patfighter View Post
    hi i am 21 years old I have never got in trouble before from the law and i was charge with theft and check forgery. check forgery i was accused and my friend wrote me a check for 432 dollars and it was cleared when i brought it to the bank. and theft was because i sold 2 rings that were in my box that i found outside and my ex in laws said it was there when i sold it to the pawn shop. from my story will there be a way for me to avoid jail time?
    That depends on how good your lawyer is...

    I'm thinking its not likely... it doesn't matter if the check cleared or not... obviously it didn't. Posting and clearing aren't the same.

    How could a check clear before you even took it to the bank anyway?
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    patfighter Posts: 2, Reputation: 1
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    #3

    May 22, 2012, 12:46 PM
    Quote Originally Posted by smoothy View Post
    That depends on how good your lawyer is......

    I'm thinking its not likely.....it doesn't matter if the check cleared or not....obviously it didn't. Posting and clearing aren't the same.

    How could a check clear before you even took it to the bank anyway?
    I meant I brought the check to the bank and it took two days then I went to the bank and then it cleared
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    May 22, 2012, 01:10 PM
    Quote Originally Posted by patfighter View Post
    i meant i brought the check to the bank and it took two days then i went to the bank and then it cleared
    No it didn't clear in two days... it posted in two days... it didn't clear for a week or two... and it obviously didn't clear or there never would have been an issue.

    Those are two very different things... posting is a courtesy the bank extends to the account holder by having the money for use PENDING the check clearing... if it doesn't clear for ANY reason.. YOU own them that money back if its not sitting there for them to take back... plus the bounced check fee, they can prosecute you to get it back. I bet it wasn't and that's part of the fraud charges.
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