My friend signed the spouse's name to a check in both their names

[atlast]

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

My friend's spouse filed for divorced a few weeks ago. The spouse cut my friend off from any money since last year, i.e., closing joint accounts and returning their leased car six months early so my friend cannot drive it. My friend closed the only remaining joint money market account in December and the spouse didn't know about it. My friend needed the money to take care of the child because the spouse has not been taking care of the child either. My friend signed both their names as the check was made out to Mr. "and" Mrs. and deposited in an account with just my friend's name on it. If my friend gives the spouse half the money can the spouse bring my friend up on forgery or any other charges? I should mention that my friend's spouse has been abusive throughout their marriage and my friend is being represented by a domestic abuse office for the divorce.What is the name of your state (only U.S. law)? ny

Also, the check for was $252.06.

 

[justalayman]

. My friend signed both their names as the check was made out to Mr. "and" Mrs. and deposited in an account with just my friend's name on it. If my friend gives the spouse half the money can the spouse bring my friend up on forgery or any other charges?

a private citizen does not bring charges. They file a complaint with the state and if the state deems there is a viable case, they bring charges and prosecute the case. If the spouse wishes to report this to the police, it will be up to the state whether to press charges or not. Giving the spouse half the funds does not change the fact there was a crime committed.

I should mention that my friend's spouse has been abusive throughout their marriage and my friend is being represented by a domestic abuse office for the divorce.

I hope you do not believe that justifies criminal actions on your friends part. It doesn't.

 

[atlast]

I was in no way insinuating that was a justification. Just mentioning that was my friend's legal defense at this time. What would be the criteria for the state of NY prosecuting such a charge? And if so, what would be the penalty being that there was no monetary loss and my friend was never in trouble for anything? Thank you.

 

[justalayman]

Just mentioning that was my friend's legal defense at this time.

first, that is not, in itself, a valid defense. Then, what you posted here doesn't show that as her justification but rather that "he got everything else and I felt I was entitled to the money" was more likely the basis of the action even with the claim it was to support the children. There are other, legal, means to obtain funds for the children's needs.

What would be the criteria for the state of NY prosecuting such a charge?

was there a crime committed and is the injured party seeking to have the offender prosecuted.

after that, it's anybody's guess as to whether the state would prosecute or not.

I would suspect one of the following would be the appropriate charge:

S 170.05 Forgery in the third degree.
A person is guilty of forgery in the third degree when, with intent to
defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument.
Forgery in the third degree is a class A misdemeanor.

S 170.10 Forgery in the second degree.
A person is guilty of forgery in the second degree when, with intent
to defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument which is or purports to be, or which is
calculated to become or to represent if completed:
1. A deed, will, codicil, contract, assignment, commercial instrument,
credit card, as that term is defined in subdivision seven of section
155.00, or other instrument which does or may evidence, create,
transfer, terminate or otherwise affect a legal right, interest,
obligation or status; or
2. A public record, or an instrument filed or required or authorized
by law to be filed in or with a public office or public servant; or
3. A written instrument officially issued or created by a public
office, public servant or governmental instrumentality; or
4. Part of an issue of tokens, public transportation transfers,
certificates or other articles manufactured and designed for use as
symbols of value usable in place of money for the purchase of property
or services; or
5. A prescription of a duly licensed physician or other person
authorized to issue the same for any drug or any instrument or device
used in the taking or administering of drugs for which a prescription is
required by law.
Forgery in the second degree is a class D felony.

S 170.15 Forgery in the first degree.
A person is guilty of forgery in the first degree when, with intent to
defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument which is or purports to be, or which is
calculated to become or to represent if completed:
1. Part of an issue of money, stamps, securities or other valuable
instruments issued by a government or governmental instrumentality; or
2. Part of an issue of stock, bonds or other instruments representing
interests in or claims against a corporate or other organization or its
property.
Forgery in the first degree is a class C felony.

I would think the 3rd degree charge but I am not familiar enough with the law to rule out the possibility of the 2nd degree charge.

 

[atlast]

You are totally construing what I am saying. I was just explaining the situation. What I meant by "legal defense" was in the divorce action, nothing else.
Would those misdemeanors mean jail time?

Are you an attorney?

 

[Silverplum]

You are totally construing what I am saying.

That's true.

I was just explaining the situation. What I meant by "legal defense" was in the divorce action, nothing else.
Would those misdemeanors mean jail time?

Are you an attorney?

 

[justalayman]

atlast;2765139]You are totally construing what I am saying. I was just explaining the situation. What I meant by "legal defense" was in the divorce action, nothing else.

I'm glad. I would hate to misconstrue what you are saying. That always results in inaccurate information. If I fully understand your statements, inaccuracy in my replies is greatly reduced so much that I offer a 100% guarantee of being inaccurate no more than 99% of the time.

Would those misdemeanors mean jail time?

only the forgery in the 3rd was a misdemeanor. The forgery 2nd is a felony.

Are you an attorney?

all I claim to be is justalayman. (hence the moniker). Other than that, I make no claims or representations of myself.