Need Advice

[work_at_home_mt]

What is the name of your state? SC

I took 3 checks, two that belonged to my exboyfriend (whom I had lived with for five years) and one check that belonged to his brother. I found these checks in the house where I was living at the time w/my exboyfriend. I wrote checks so that I could find a place to live, as my boyfriend and his mother were kicking me out, after I had paid the majority of the bills for them for over two years and cared for his stroke-victim mother.

The total amount is under $5000.00 and over half of it has been paid back to the bank from which I had cashed the checks. I know what I did was wrong, but I was afraid that my child and I would be homeless with nowhere to go. I made a terrible mistake without thinking things through and I realize I must pay the consequences for what I've done. I am paying the money back to the bank as I do work full time. I will be able to pay this debt in full by my second court appearance in late February.

There were two separate bookings because one of the checks had not gone through. My Miranda rights for the second booking were not read to me until after I was booked for the crime (I was booked at 8:30 a.m. and my rights were read to me after I saw the judge and after I was fingerprinted at 9:20 a.m. the same day, which is recorded and the time was noted as well on the tape). In the paperwork there is a lot of incorrect information as well.

Nevertheless, I need advice/representation in this matter by mid January, which is the date that I am to go to court the first time and again in late February of next year.

Does anyone know what I might be facing in terms of serving any time? Does anyone have any advice for me as to what I need to do?

 

[FlyingRon]

Miranda rights are only required before they question you in custody. It's not a get out of jail free card if they omit it then.

We can't give you any representation, you need to get a lawyer. If you are indigent, a public defender will be available. Our advice will be to get a lawyer. Multiple felony charges are not something that is really a "do it yourself" issue especially with a child in the mix.

What is the nature of your scheduled court appearance?

 

[BoredAtty]

What is the name of your state? SC

I took 3 checks, two that belonged to my exboyfriend (whom I had lived with for five years) and one check that belonged to his brother. I found these checks in the house where I was living at the time w/my exboyfriend. I wrote checks so that I could find a place to live, as my boyfriend and his mother were kicking me out, after I had paid the majority of the bills for them for over two years and cared for his stroke-victim mother.

The total amount is under $5000.00 and over half of it has been paid back to the bank from which I had cashed the checks. I know what I did was wrong, but I was afraid that my child and I would be homeless with nowhere to go. I made a terrible mistake without thinking things through and I realize I must pay the consequences for what I've done. I am paying the money back to the bank as I do work full time. I will be able to pay this debt in full by my second court appearance in late February.

There were two separate bookings because one of the checks had not gone through. My Miranda rights for the second booking were not read to me until after I was booked for the crime (I was booked at 8:30 a.m. and my rights were read to me after I saw the judge and after I was fingerprinted at 9:20 a.m. the same day, which is recorded and the time was noted as well on the tape). In the paperwork there is a lot of incorrect information as well.

Nevertheless, I need advice/representation in this matter by mid January, which is the date that I am to go to court the first time and again in late February of next year.

Does anyone know what I might be facing in terms of serving any time? Does anyone have any advice for me as to what I need to do?

That sounds like a slight variation of this, also from a poster in SC, and also with the same thread title (Need Advice):

What is the name of your state?

South Carolina

My exboyfriend gave me three checks (one for $750.00, one for $1,300.00, and one for $2,500.00) to pay me back for putting several thousands of my dollars into fixing his mother's house to fix it. His mother's house had holes in the floor in the kitchen and it had no running water, etc. We moved here to care for the home, repairing it and doing general upkeep to keep its value. His mother was living elsewhere at the time with her daughter until she had two strokes two-and-a-half years ago and we have been caring for my bf's mother since she got out of the hospital after her strokes and have been her primary caretakers (w/o compensation, I might add) ever since.

Anyway, needless to say, there has been a lot of stress -- not just from the stroke victim, but other family members -- and my bf and I decided to split up. I am in the midst of finding another place to stay and the money he gave me was to help pay for an apartment. Well, all three checks turned out to be bad checks and now he is claiming (LYING) that he never wrote the checks and is threatening to press charges against me with fraud and theft. One of the checks he wrote from his brother's checking account. I deposited all three checks into my checking account in good faith. My bank and my bf's brother's bank discovered that the checks were all bogus and started taking action before I knew what was going on. They contacted my bf's brother whose account would have been overdrawn, as he was not aware of what was going on, and there was a fraud watch placed on his account (he is out of no money thank goodness). My bf's checking acct was closed and the checks he gave me were no good. Now, my bf, to get even with me, is telling the bank that the checks were stolen by me and he did not authorize them at all. Of course, I am scared to death because I put all the checks in my checking account, there are surveillance tapes showing me making the deposits because I thought they were good. I've spent some of the money (not all of it), but stopped using the account as soon as I found out what was going on.

What do I need to do? Do I need an attorney? I am going to try to get this straightened out tomorrow, but not sure who to talk to... the bank? the police? an atty?

HELP!!!

DESPARATE!!!

https://forum.freeadvice.com/showthread.php?t=384961

I remembered the first thread had something about a sick mom and a brother's check...and that led me to your old thread.

 

[work_at_home_mt]

Thank you for your response.

My first court date is called an initial appearance, held in General Sessions Court. The next court appearance is called the Docket Appearance in General Sessions also in late March (not February).

I was told by the detective that the bank representatives asked that I pay the money back entirely and they would go easier on me then. He said that usually they drop the first two charges and will charge me for one count of forgery, but I don't know what to expect.

My boyfriend says he is going to court to talk on my behalf -- but then he turns around and says something different when he gets upset w/me if I stop paying things (i.e. the power bill, the phone bill, the internet bill -- things I've paid for the past two years, while he never worked) or attempt to get my belongings from his house that he wishes to keep. I cannot trust what he says, obviously.

Thanks again for your response.

 

[work_at_home_mt]

That sounds like a slight variation of this, also from a poster in SC, and also with the same thread title (Need Advice):


https://forum.freeadvice.com/showthread.php?t=384961

I remembered the first thread had something about a sick mom and a brother's check...and that led me to your old thread.

BoredAtty:

You're right, this was my post! Thank you for directing me to the URL! I did not realize that there were any responses. I did not have access to the computer I had used when I wrote that and I also forgot what username I had used when I posted the first thread. Thanks again for directing me to the right place!

MT

 

[work_at_home_mt]

We can't give you any representation, you need to get a lawyer. If you are indigent, a public defender will be available. Our advice will be to get a lawyer. Multiple felony charges are not something that is really a "do it yourself" issue especially with a child in the mix.

How does one go about getting a public defender? I know that I would be taking a huge risk if I went into the court room without an atty, but would a public defender represent me adequately?

Please, to all those who read this thread, please know that I mean no disrepect towards anyone when I ask these questions. I embarrassed to admit that I watch a lot of TV and I have based my questions on what I've seen -- mostly fiction. Where the law is concerend, I am, indeed, uneducated. Therefore, I humbly ask for your assistance, guidance, and any advice you may have to offer.

I truly appreciate your comments/suggestions. I know that I have made a terrible, terrible mistake and I am ready to face what lies ahead of me, albeit, I am very, very scared. I am not making any excuses. What I did was wrong -- period. I have paid back the majority of the money and still paying it back. I am extremely remorseful and completey humiliated and embarrassed because of the choices I have made. This experience has been a true eye opener for me and has made me see what is truly important and because of this, I will make better choices in the future for my sake, my child's sake, as well as for the rest of my family because I've found out that one person's mistakes affects a lot of people -- not just one person.

I do not wish to make further mistakes by not having adequate representation when I go to court. What steps do I need to take? My first court date, which is more or less a preliminary hearing (I think), is January 18th. The next court date is March 28. All the funds will be replaced by March 28.

Thank you in advance for your assitance.

 

[rowshere]

Been here

Thank you for your response.

My first court date is called an initial appearance, held in General Sessions Court. The next court appearance is called the Docket Appearance in General Sessions also in late March (not February).

I was told by the detective that the bank representatives asked that I pay the money back entirely and they would go easier on me then. He said that usually they drop the first two charges and will charge me for one count of forgery, but I don't know what to expect.

My boyfriend says he is going to court to talk on my behalf -- but then he turns around and says something different when he gets upset w/me if I stop paying things (i.e. the power bill, the phone bill, the internet bill -- things I've paid for the past two years, while he never worked) or attempt to get my belongings from his house that he wishes to keep. I cannot trust what he says, obviously.

Thanks again for your response.

I did some what the same thing, ended up with 18 mos prison due to record. But it happens and we mean well for our loved ones.
But girl I think you need to get rid of his butt, Due to him throwing it your face when "You don't pay a bill" Kick his ass to the curb and let a real man take care of you and your kids.
What I'm saying.
rowshere at yahoo

 

[cbg]

I don't know why so many people think that public defenders are incompetent. They are often the most experienced lawyers around.

 

[rowshere]

Public Deffender

I know there is a few truly good P,D's. I have had some sell me out for a differnt case, some bs me. And some whom really didnt care, And fired due to this. It is ny thought that they are paid "State employees"". Do you think that they will not defend the state as they are paid by the state, And it hurts Deffendents cases I feel. But then I have had some do there thing, As trial procedures call for.Still lost due to the fact I was guilty for offense.
rowshere

 

[work_at_home_mt]

I don't know why so many people think that public defenders are incompetent. They are often the most experienced lawyers around.

CBG - I do hope you're right about this. I called the local PD's office the other day and discussed my case with a very nice lady who did put my mind at ease. I am dreading next week's court date, but ready to get it over with so I will know what to expect.

I have paid the entire amount back -- I owe nothing as far as the checks are concerned. Now, as far as what I owe society for my crimes, that's a different story. I hope that the judge, et. al. are forgiving. I certainly did not mean any harm towards anyone -- I only hurt myself.

Thanks for everyone's help and comments. I truly appreciate it.

 

[work_at_home_mt]

I did some what the same thing, ended up with 18 mos prison due to record. But it happens and we mean well for our loved ones.
But girl I think you need to get rid of his butt, Due to him throwing it your face when "You don't pay a bill" Kick his ass to the curb and let a real man take care of you and your kids.
What I'm saying.
rowshere at yahoo

Been here: You got 18 months because you had a record, right? Do you have an extensive record?

I did get rid of him -- I have broken ties with this guy. I've decided that I need to take care of myself and my child without "a real man" -- independently.

Thank you for your comments.

 

[work_at_home_mt]

Update

I would like to give an update on my situation as well as to say thank you to all who offered any advice, gave input, expressed their thoughts, or gave words of wisdom concerning my case. I was facing three separate felony charges for making a horrible mistake based purely on stress and feeling trapped and cornered. As a result, my stupidity and ignorance nearly landed me in jail for over 15 years! You can read the threads if you do not remember me and the circumstances involved.

I am an extremely lucky and very grateful individual for being given a second chance. I did not have any prior felony record; so, the prosecutor talked to the family involved and it was worked out amongst them that I not be charged with a felony, but instead, I was charged with three misdemeanors, under the conditions that I pay a hefty fine and pay in full all restitution (which I had already paid before going to court).

Obviously, I am struggling financially (the restitution was not quite $5000 and the fine was nearly $1000) and for a single parent trying to find a place to live, it has not been easy the past few months. The reason for taking the money was for me to have money to find a place to live. Since I had not found a place, fortunately, most of the money was not spent. I returned the majority of the money immediately after I had gotten caught. Even so, I still had to come up with a good bit of money in a short period of time to pay all fines and the rest of the restitution -- not to mention the fact that my daughter and I were homeless (still am, so to speak).

Nevertheless, I realize and appreciate the fact that I have been given a second chance at life, a second chance to do things "RIGHT" and I am doing my best to do just that. Since November, after being kicked out of my residence of two years with as little as an hour's notice, I had to move in with my parents for a bit. Before Christmas, I moved in with a friend and now my daughter and I live with my roommate who does not wish to make this living arrangement a long-term one. So, we're still not very secure but it could be a lot worse.

In the meanwhile, I decided to take a big chance at 40-something and go back to college to finish my degree. I am still working as well of course.

I know I made some bad choices. We're all human. I have forgiven myself, but I'll never forget the incident so as to not lose the lesson learned and what could have potentially happened as a result of my stupidity.

I have set new goals and priorities and things seem to be working out okay. The family I had the conflict with, we are still in good standing (as good as to be expected). I visit them from time to time and try to contribute as much as I can to make up to them the damage I have done -- I only hope I am doing the right thing in that area as well.

Again, thank you all for calling me out, for being supportive, and for giving your advice.

 

[outonbail]

Thank you for coming back and letting us know how your case turned out. It sounds like you've been given a second chance and learned a valuable lesson from the whole situation.

I do understand how easy it can be to justify questionable/illegal conduct when we feel trapped, or backed into a corner. It always looks like we've found an easy way out. But it doesn't take long before we realize that our antisocial behavior didn't make our troubles go away, it only made them worse.

Like the saying goes, when you find yourself in a hole, stop digging!

Good luck putting it all together, take it one day at a time and one problem at a time. Most importantly, when life gets difficult and you feel like your being hit with one problem after another, don't let yourself become overwhelmed by it and don't look for that quick and easy fix.

Solving problems and getting ahead requires perseverance and hard work. But it builds good character and an appreciation for all those wonderful little things we do have.

Thanks again for letting us know how it all worked out, I wish you well,,,,

 

[work_at_home_mt]

Thank you for coming back and letting us know how your case turned out. It sounds like you've been given a second chance and learned a valuable lesson from the whole situation.

I do understand how easy it can be to justify questionable/illegal conduct when we feel trapped, or backed into a corner. It always looks like we've found an easy way out. But it doesn't take long before we realize that our antisocial behavior didn't make our troubles go away, it only made them worse.

Like the saying goes, when you find yourself in a hole, stop digging!

Good luck putting it all together, take it one day at a time and one problem at a time. Most importantly, when life gets difficult and you feel like your being hit with one problem after another, don't let yourself become overwhelmed by it and don't look for that quick and easy fix.

Solving problems and getting ahead requires perseverance and hard work. But it builds good character and an appreciation for all those wonderful little things we do have.

Thanks again for letting us know how it all worked out, I wish you well,,,,

Thank you for your kind wishes and supportive advice. It seems I have found myself in a situation with this same family and I do not know what direction to take. I have attempted to keep things friendly, but it appears that my ex-boyfriend thinks that I owe him money, a continuing relationship (sexual), etc., which is not true. In fact, he is indebted to me, even though he refuses to admit this. I simply want to keep things friendly and fair. I wish to move on with my life, to do the right thing, learn from my mistakes, and finally, forgive myself in going forward.

My ex-boyfriend, with whom I lived (whose checks I had attempted to cash in an attempt to move out the house we lived in together after being threatened to be kicked out by him and his mother) is now threatening me. I decided to discontinue the "relationship" (sex) and stopped giving him money to help with bills. His response to this have been less than mature. Now, he says that I "owe" him money regardless of my attempts to help him financially. I refuse to continue to be taken advantage of by him and I will no longer support him. Fact is, I finally see him for what he is, an opportunist. I know now that he did not love me and that he was only using me to keep him up. I supported him financially for the past five to six years, as he has not worked a day since I've known him. I realize now that saw things in him that I wished were there, and thought he'd "change" -- yes, I have been a sucker and he feeds off of this. I refuse to allow him to do this.

He keeps calling me and sending me threatening messages making false allegations in attempts to get me to continue giving him money. I don't know if I should contact the police, as he has not done anything physically to me but his threats and attempts of trying to get money out of me just does not seem right. He calls me repeatedly (I will not answer the phone). He sends me emails with threats to take me to court for not paying him. He says that he and his family are not going to put up with me stealing from them again, even though I have stolen nothing from them - he uses the past issues to make me continue to feel guilty. Truth is, I've given more money to him and his family than I can begin to count. I've fixed holes in the floor of his mother's home (a home that could've easily been condemned) as part of a deal to give me and my daughter a place to live (we no longer live there). I have paid their power bills, electrician bills, plumbing expenses, phone bills, groceries. I kept most of the receipts and was told that I should go to court to go through with a civil lawsuit but I don't think the answer is a law suit. I don't know what the answer is to be honest.


I found out that he has attempted to exploit young girls on the Internet by getting them to take nude photos of themselves and sell them! I am sickened by this! I do not want anything to do with him.

I truly hate that things are at this point. I feel awful for what I did, but I've taken responsibility for my actions. I've paid in full all restitution (I owe the family nothing nor do I owe the bank anything) and I've paid all fines I was required to pay - I paid all penalties due. It seems I am still paying through his attempts at trying to continue to make me feel guilty and trying to get me to send him money. I admit, I fell for this for a while, but now I refuse to continue to do so. I felt somewhat responsible for him, as he is not well. I felt sorry for him.

I feel bad for him and wish no harm. I only wish him well. What should I do? Should I respond to his threats? If so, how? Should I ignore him in hopes that he will go away? Should I contact authorities? What are my rights? I want to do the right thing, but I refuse to send him anymore money and I refuse to continue to feel guilty or responsible for my ex-boyfriend's mistakes and choices.

Thanks in advance!