Is there any way of not going to jail?

Get Legal Help Today

 Secured with SHA-256 Encryption

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.

Asked on May 4, 2009 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First of all, YOU DID NOT SAY ANYTHING.  Good.  Don't.  Not at least until you can speak with your lawyer.

From the facts presented it's hard to say what will happen simply because you didn't give enough information.  For example, was the check written to you; was the check written to someone else; if so, did you forge someone's signature, etc?  The fact is I don't really understand why the check was sent to you in the first place.

Anyway, in terms of punishment much will depend on whether or not this is your first offense, your age and any othe mitigating factors that there might be.

Your attorney will help you sort through all of this.  $3,800 is a large sum but possibly he can get the charges thrown out on a technicality or at least reduced.  Also, maybe he can arrange for you to be given "diversion". This basically means that in exchange for restitution, community service or the like you could in time have the conviction set aside.  This would mean no jail time as well as leave you with no criminal record.  Diversion, however, is only available to first time offenders and is given at the court's discretion.

At any rate, again this is a complicated matter and your attorney will help you sort through it all.  Until then keep your mouth closed.  Silence is golden.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption