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dumbasdirt

Guest
What is the name of your state? California
I work for a man who has macular degeneration. When I began the job he paid me, now the company he works for pays me. I drive for him, pay his bills run errands and work alongside of him at the office going over contracts etc. I did a really dumb thing.
My husband lost his job at the same time I got this one. Financially we were ok at first. Then not. I began to write myself a check out of the mans personal check account when I was paying his bills. I signed them and cashed them at the bank that we both go to.Then in June (and again in August) I wrote a check from one of his credit card accounts to pay my rent. He has discovered the check draft and is questioning the credit card company and wants to know who cashed it. What shall I do? I'm scared to death and am racked with guilt. I can't even sleep because I am so afraid I will get caught and go to jail. I have three kids who need me. Yeah I know I was STUPID What will the punishment be? This would be my first offense. What exactly is this crime....theft forgery fraud?
 


JETX

Senior Member
dumbasdirt said:
What exactly is this crime....theft forgery fraud?
Of course, no one can even guess at what the punishment 'might' be as we don't know all the facts.... or even the actual charges.

However, suffice to say though, you are in deep crap! Depending on the full facts, in my opinion, you are looking at least at any one or combination of:
Theft, Check Fraud, Embezzlement, etc.

California Penal Code:
470. (a) Every person who, with the intent to defraud, knowing thathe or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery.
(b) Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery.
(c) Every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery.


484. (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.
And lets not forget the aggravating factor!
502.9. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent adult, as defined in Section 368, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.


"506. Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement, and the payment of laborers and materialmen for work performed or material furnished in the performance of any contract is hereby declared to be the use and purpose to which the contract price of such contract, or any part thereof, received by the contractor shall be applied."

You might want to start reading up on the California Penal Code. It can be found online at: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=&hits=20
 

Happy Trails

Senior Member
dumbasdirt said:
What is the name of your state? California
I work for a man who has macular degeneration. When I began the job he paid me, now the company he works for pays me. I drive for him, pay his bills run errands and work alongside of him at the office going over contracts etc. I did a really dumb thing.
My husband lost his job at the same time I got this one. Financially we were ok at first. Then not. I began to write myself a check out of the mans personal check account when I was paying his bills. I signed them and cashed them at the bank that we both go to.Then in June (and again in August) I wrote a check from one of his credit card accounts to pay my rent. He has discovered the check draft and is questioning the credit card company and wants to know who cashed it. What shall I do? I'm scared to death and am racked with guilt. I can't even sleep because I am so afraid I will get caught and go to jail. I have three kids who need me. Yeah I know I was STUPID What will the punishment be? This would be my first offense. What exactly is this crime....theft forgery fraud?
You could also go to him and confess and beg his forgiveness. Then offer to write him a IOU and set up a payment plan. Hopefully, he'll do that instead of pressing charges. Then make sure you follow through on any agreement you might get him to agree on.
 
S

SignorFrancesco

Guest
Happy Trails has got an excellent suggestion there. This guy is going to find out sooner or later that you are the one behind all this. If he's got to dig and finds out on his own, you can bet that he'll most likely file a complaint against you. On the other hand, if you go to him and confess, explaining your reasons and fear of your circumstances, plus have a down payment for the money taken in hand, then he might be willing to handle this personally. MIGHT! He'll most likely want an agreement in writing, and if you don't follow through, I'd bet he'd file a complaint at that point.

Jetx gave you most, or all, of the pertinent penal code sections and what the charges could be. I know of a similar case, of a woman taking care of someone and is now accused of utilizing funds without authorization. She has been in jail for over a year now, just going to court and fighting the case. She has some other circumstances involved, but the charges are much the same as you'd be looking at. The outlook is not good if a complaint is filed.

If I were you, I'd also get in touch with legal aid, since it sounds as if you don't have the money for an attorney. Legal aid may be able to get you some professional advice before you go and talk with this man. If you're going to contact them, do it quickly and don't let this thing sit. If you can't get help from them, and can't get an attorney, then you may need to ask for mercy from this guy.

With three kids, running from this problem won't help. Also, make sure that you set up who is to watch your kids in the event that you're arrested. You don't want to end up at jail and have Child Protective Services take your kids.

By the way, how much did you take? The amount is a factor as well.
 

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