Check Fordgery

[Lindawilliams]

What is the name of your state (only U.S. law)? California

Recently a detective came to my house leaving a note for my daughter to call him. My daughter recently moved to Colorado for school. After she called him he informed her and myself that she was being accused of Check forgery. My daughter confessed to me that she did write a check out to herself for the amount of 563.00. When the officer spoke to her, he asked if she would send him a copy of her bank statements. He only informed her of this issue so i'm assuming this is the only one. She has not sent them, informed her against it. I am not trying to figure out what to do next. She is only 23 years old and this is the first thing she's ever done. What sort of charges does she face?
Should i try to speak to the owner of the store she previously worked at and make a deal?
I was thinking i could go to the owner, and offer her an amount as a "settlement" and have a note stating that it wasn't an admission of guilt but simply a way to settle the issue. Is there an amount that you would recommend that i offer?
If the owner accepts the amount and drops the charges will the police still go after her?
Would the Police inform her of all charges while speaking to her on the phone or should i have her call the detective back and ask if this was all the charges?

[cyjeff]

No, do not contact anyone... for two reasons.

One, it won't help.
Two, your daughter is a grown up now.... having mommy call around will not help.

Yes, she committed at least one but probably two felonies. Even if she gives back the money immediately, the crimes were still committed.

Just because you return the money doesn't mean you didn't rob the bank.

Therefore, she shouldn't talk to the police... her attorney should. And she needs one right now.

[Lindawilliams]

so even if the owner accepts a settlement and says she wont press charges the police will still press charges?
From my understanding if the owner drops the issue the police will too.

[cyjeff]

Originally Posted by Lindawilliams

so even if the owner accepts a settlement and says she wont press charges the police will still press charges?
From my understanding if the owner drops the issue the police will too.

That would be incorrect.

A police report has been filed. It is now up to the DA as to whether or not the charges are enforced. While the shopkeeper can have a voice, theirs is not the final decision.

Besides, the DA will see the settlement as an admission of guilt.

[CdwJava]

The DA might be inclined to drop the matter if the victim asks that the matter be dropped (the DA doesn't want to waste time if he does not have to), but the DA is under no legal obligation to drop anything.

- Carl

[Lindawilliams]

So she gets an attorney. What charges is she facing and what sort of punishment?

[CdwJava]

Originally Posted by Lindawilliams

So she gets an attorney. What charges is she facing and what sort of punishment?

That depends on the details. There could be theft of the checks (a misdemeanor), burglary (for entering a business with the intent to commit a felony - passing a forged checks), fraud and/or forgery (for creating and passing the checks), and others.

We are talking about multiple felonies which, if served concurrently (at the same time and with only the longest coming in to play), could mean prison for several years. While prison is unlikely in CA, jail time, restitution, and a lengthy probation is likely.

- Carl

[Lindawilliams]

So either way she'll have to pay back the money. Trying to make a settlement is probably the best way to go here and hope that the DA drops the case. If not then we have to deal in the courts with this. I know i need to make a document saying this is a settlement not an admission of guilt that the owner will sign.

[cyjeff]

Originally Posted by Lindawilliams

So either way she'll have to pay back the money. Trying to make a settlement is probably the best way to go here and hope that the DA drops the case. If not then we have to deal in the courts with this. I know i need to make a document saying this is a settlement not an admission of guilt that the owner will sign.

YOU need to do nothing. Her ATTORNEY needs to draft anything you want to put in front of the employer.

YOU have no standing in this case. YOU have an adult daughter that committed several crimes. SHE needs to handle this. The courts and her attorney have NO obligation to talk to you about the case whatsoever. Therefore, SHE needs to deal with this.