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.
Asked on May 4, 2009 under Criminal Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 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.
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