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1st felony offense fraud& forgery

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kaynica7

Junior Member
What is the name of your state? TX

I took a payroll check and fake ID into a United to cash for someone. I changed my mind and decided to leave wwithout waiting to get the ID or check back. I got into my friends van and as I tried to close the door the manager had come out and ripped me out of the van and threw me on the parking lot ground and had 5 guys hold me down. He took me inside searched my stuff and called police. They arrested me for forgery by financial instrument and fraud by identification. They say they may include me in other charges against those who created the check and ID. This is my first felony offense. I have a 6 month old daughter and can not go to prison or jail. What is the best way to get probation. Can I get a plea bargain to guarantee probation? If I go to court with a Public defender will they be able to get me probations or defered adjudication? Some people have said that I will probably get jail time for these crimes. I need help bad and every one wants $5000-$17000 upfront. My first court appearance is on the 18th of this Month in 11 days. I cant come up with money like that upfront so I dont know what to do. PLEASE ADVISE. I have a 2 misdemeanors that were defered when I was young but not on anything like this. I went to college and I havent been in trouble with the law since the deferred thing when I was young. I am a RPSGT and can work after I get this cleared but cant while it is pending. I need help, I cant go to jail/prison and just leave my 6 mo daughter.
 


Silverplum

Senior Member
I was raped while working in a hospital in Germany for the United States Air Force. So the father is in prison in Germany for the next 25 yrs for assault and rape.
Okay, so having the child stay with the father is out of the question. Any other family members??

I get that you are not happy about this, but having the responsibility of a child does not exempt you from the consequences of your actions.
 

kaynica7

Junior Member
Okay, so having the child stay with the father is out of the question. Any other family members??

I get that you are not happy about this, but having the responsibility of a child does not exempt you from the consequences of your actions.
I realize that I have to be responsible for my actions. I have admitted to my mistake and the attempt I made to commit an illegal act. I know that having a child does not exempt me and that even though I changed my mind does not change the fact that I was in possession of fraudulent documents and ID, however, I did change my mind and I do not feel that on my first offense that I should be sent to jail for 2 yrs. My thought about my daughter is simply a fear of missing out of things in her life, missing her 1st of everything in her first 2 yrs of life. She is my biggest drive for wanting to stay out of jail. However, I do not feel that being a Mother makes me exempt from responsibility. Im willing to do community service or whatever it is that I need to do to pay for my actions, I was simply trying to get advice for finding an attorney or how to go about obtaining the right information I need to have a better chance of getting probation so that I can be part of her life and not miss a moment.

My Mother lives outside of Amarillo but she is sick with MS and would be unable to care for a child as young as my daughter on her own while my father is at work and he is often on call 24 hrs a day. My sister lives in Michigan and is making the bills for her family but would not have the finances nor time to be able to come and get my daughter from TX and then to care from her for the next 2 yrs or more. I have no other family that is living.

If I have to serve time, I will and I will ensure a way to keep her safe and somehow find someone that can somehow take care of her but it would be extremely hard and thats not even the point. The point is that I dont want to miss out on her life. I didnt realize that cashing that check for someone would cause this much problems especially since I changed my mind and tried to walk out without cashing it. I did not know that the check itself was a fake or that any of this was a felony. I thought I was helping someone and I knew it was wrong but I thought at best I would have helped them and at worst I would get a ticket or fine. I havent had problems with the law like that and I work in a hospital in polysomnography. I didnt and dont know anything about the law. I naively believed what I was told and did not think , at the time, that the risk of a ticket or fine was as bad as this family not getting it cashed. If I'd have known that I was risking jail time and the possibility of losing my daughter or missing her first words or first steps I would have never done it. The way they explained it the check was insured and was in a different name than hers so her wages wouldnt be garnished and they needed someone to cash it for them so they could make rent. I didnt know that the check nor the name was all bogus and made up.

Still I was wrong to knowingly attempt to break the law. However, I do not believe that my actions or motives warrant jail time. Im pretty clear on the penalties of the law and not about to make that mistake of breaking the law for any reason after spending 32 hrs in county and knowing that I will at best face probation for the next 2-4 yrs. Im not the type that needs to go to jail for 2 or more yrs to be corrected. If a person can get probation for a DUI/DWI, which could have killed or injured others as well as themselves, I feel that I should be able to get probation for one mistake that I made and wont ever make again. Its going on my record either way and I will have to pay fines, court costs, and serve community service, and probably more at the very best. So Im not asking to get away scott free.
 

FlyingRon

Senior Member
You didn't "ATTEMPT" to commit an illegal act. You comitted an illegal act. Presenting the check and the fraudulant ID is enough. The fact that you ran away during the crime before you got the money doesn't invalidate your actions up to that point. It doesn't much matter you don't know the check was forged, you knew it wasn't you AND you knew the id wasn't yours.

If you do not have arrangements for the child while you are jailed, she will be placed in foster care.

You need to consult a lawyer. This is a state jail felony up to 2 years I believe. It may be possible to negotiate a plea that may allow probation or some alternative.
 

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