Is there any way of not going to jail?
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Is there any way of not going to jail?
I received a check for $3800 in the mail. I took the cashier check to my bank to have it verified. The teller called the check in to MT&T and told me that the check was valid. I deposited the check into my account a withdrew some of the money. I had two detectives bring charge me for theft by deception and receiving stolen property. I did not say anything. I am awaiting for a public attorney and my preliminary trail is Friday. The Check was made out in my name.This is my first offense. I thought that I was being employed by Edmund Benfield I am a resident of PA.
Asked on May 4, 2009 under Criminal Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Thank you for providing more details to your earlier posting.
If you thought that this check was legitimately written to you that is a good defense. You can say that you made an honest mistake in cashing it (I assume that this check was sent to you by accident). You even had the check verified. Your attorney will certainly use this.
Also, even if you are found guilty of some charge, this being your first offense will weigh heavily in your favor. And, as I stated in my earlier response to you, diversion might be available.
Remember, however, you will still have to most likely make restitution so don't spend any more of the money.
Good luck.
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