what is the punishment for opening acount at bank with a fraudulant check that was 1850 dollars.I did not know it was fake someone sent it to me?

I did not know the check was fake someone sent it to me that i was talking to on the internet is it a felony? i have talked to the investagator about it when he came to question me and told him all i knew..but he said it still might go to the grand jury whats that and what can happen? will they take in to consideration that i did not know it was fake will they hear myside at the grand jury thing???

Asked on June 8, 2009 under Criminal Law, Texas

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 10 years ago | Contributor

With very few exceptions, for an act to be criminal, the person acting must have a mens rea - a criminal intention. You say you did not have such an intention. The problem is the circumstances surrounding the case may lead a jury to view your claim with skepticism. You have a right to testify in your own defense but typically if you do so, you waive your Fifth Amendment right against self incrimination. You will need to be guided by the advice of an attorney if you wish to present your version of events to the Grand Jury. Don't give any more statements verbally or written to anyone but your lawyer. They can and will be used against you.

I offer this information in an effort to allow you to better understand some general legal principals that may apply to your fact scenario. This is not intended to substitute for a detailed consultation with an attorney admitted to practice before the bar of your state. Laws differ from state to state. Thus, the information above does not constitute legal advice. Further, ethical rules prohibit an attorney such as myself from "practicing" law in any state but the state in which I am admitted.


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