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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-10-2008, 02:04 PM
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Join Date: Apr 2008
Posts: 3

multiple bad check writing, possible credit card fraud? please advise


in Californina

Good morning!

Here is the scenario. Any help would be apprciated , and thank you in advance!

My wife (who has a learning disability), apparently wrote multiple bad checks in two counties (one here in CA, about $500 worth, all petty amounts under $150), collectively about $1000, and approx $2000 collectively in oregon (again, all under $100) -primarily to one or two gas stations that do not ID)

The county sherrifs from both counties showed up to the house with warrant (not federal between both counties, but our county in CA provided the warrant out of courtesy to the other county, as we reside in CA

They obtained 54 financial documents and items, including all computers, cell phones, cameras, and financials

Of course, this is normal, as they were searching for financial evidence

She was not sentenced yet, as she has a learning disability, and we have an 8 yr old with a severe learning disability. It has been 3 weeks since this has happened, and no court date has been set yet, as they are, of course, building a case

I have been cooperative on her behalf, and spoken with the detective in california. Will be talking to the dectective in OR shortly .

Also , yesterday, it was discovered that after this (only days ago) , she took my friend/business aquaintences credit card without his consent, and used it .. He filed a report and wants to press charges against her exlusively .

the information given to me by the detective in CA is that they are going after her for the bad checks .. Of course, they had me fill out a 3 page document showing how I write out all letters, numbers, and wrote out 3 "phantom" checks in different amounts, showing, again, how I write them .

Of course, none of my writing comes close to the copies of checks that she wrote

My question primarily is in regard to the report in regard to the credit card

This person that owns the card always allows me to use this card, and many others. he always has helped us . He, however, thinks that my wife takes advantage, lies, steals, the bad checks , etc.

I thought that they may come out and detain her into custody before court date .. She did , however, go down to the station and tell them about how he helps, and about the credit card owners friendship of mine for over 14 years, and how much he had helped both of us

Please advise what you think that her rights are, the potential outcome, and what she needs to do to protect herself, as they are going after her .. She is getting councelling now, is going to support groups, is getting a psychic evaluation (which will definately show her learning disability and IQ)

Please advise and help

Regards
Ken
  #2  
Old 04-10-2008, 02:15 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,284
You need to be talking to a lawyer. Learning disabilities do not mean you don't know the difference between right and wrong. It's not going to wash. I would not have given any samples or discussed things with the police without legal counsel.

Not been sentenced? Has she been convicted?

You should have been talking to a lawyer a long time ago.
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