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. 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 11 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.

 


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