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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
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Experience:  Attorney
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will i go to jail if i cash someone elses money order by accident.the

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will i go to jail if i deposit someone else's money order by accident? the stub was attached and the money orders had no name on it. there were two. one for $1000.00 and the other was $50.00. i work in a mechanic shop my job is to collect money and make deposits into my husbands bank account he is the owner of the shop.. i went to the cash checkings store and I was either accidentally given someone elses money order by the cashier or i may have picked it up by accident at the window thinking it was mine... you dont expect things like that to happen. this could have happen to the next person who came to the window.. i am very spacey. i was also 28 weeks pregnant at the time this occured.. not to make that an excuse butt it was a huge overlook on my part.. i placed the folded paper that had the money orders in my deposit bag..i think i got like 4 money orders that day... at the end of the day or week my husband just signs and stamps the checks and money orders... he has a lot of customers come pay him car payemts and sometimes in the past they have given him blank money orders... an investigator questioned him and he told them he knew nothing about this but that he did sign the money order but that i deposited the money order into his account.. that is true.. i made the deposit.. but neither of us we aware this money order did not belong to one if his customers.. neither him nor I are professional business managers. we are both disorganized and have made many mistakes. neither of us are criminals. we have no history of theft. we both have morals.. i also received a $10,000 check around the time this money order was deposited. i have papers to prove this. i was in a major accident and received money from an insurance company. neither of us have issues with money...there were two money orders that were deposited one for $1000 and one for $50. this was not intentional. if i would have noticed that this was not our money order i would have returned it immediately... i told all of this to an investigator a few days ago... he recorded our conversation and said nothing is going to happen right now since its the holidays.. and that if after they call me back will i submit to a poly test i said yes ofcourse... i want to know if i need a lawyer for this or will this case be dismissed and all i will have to do is pay the money back and thats it or can they really charge me with a felony for depositing someone elses money orders by accident??? please help . thank you!!!
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription



Thank you for your question!


Intent plays a huge part in the criminal system. In most cases, to be charged with a crime, an individual must have an intent to commit the wrongful act. This is an element to a crime that the state must prove beyond a reasonable doubt to obtain a conviction in a criminal matter. Unfortunately, the biggest problem with our legal system is that it can't really look into an individual's heart to determine what that person intended to do at the time.

Because the system can't automatically determine what an individual was trying to do, intent is an issue of fact that would typically be decided at trial. As you can imagine, if people could simply respond to a criminal charge with "I didn't mean to" and have the charge disappear, no one would ever be convicted of a crime. It would be too open and too easy to beat a charge. However, a showing that an individual didn't have the necessary intent element of a crime at the time the act occurred is a defense that an individual may avail himself/herself of in a great many criminal matters. Because the state bears the burden of proof with criminal charges, it's the state's job to show that the defendant did actually have that intent.

Unfortunately, you really do need to retain an attorney. Your attorney can negotiate with the other party to attempt to arrive at the best outcome achievable. Further, your attorney can represent you to ensure that you don't compromise yourself by making damaging statements.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
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If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 3 years ago.
thank you but all states are different. you are from florida. i reside in norcross georgia.. are the laws the same here too???
Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription

I only get paid if you click Accept.



I'm pleased that I'm able to provide some invaluable information!

Laws do vary from one state to the next. However, it's a basic principle of criminal law that criminal intent is necessary for most crimes. It's referred to as mens rea. Everything provided in the previous answer was accurate and, unfortunately, you should definitely retain an attorney to handle this matter so that you can avoid compromising yourself.

You can read more about mens rea at the link below.

http://legal-dictionary.thefreedictionary.com/mens+rea

Please do not shoot the messenger.
If you need clarification, please feel free to ask using the
Reply feature.


I only get paid if you click Accept, even if you placed a deposit or have a subscription. Bonuses are greatly appreciated, though bonuses are entirely at your discretion.


Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 3 years ago.

thank you. so there is a possibility that i could still go to jail even if i did not have the intention of depositing someone elses money order??? Strict Liability ??

Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription



My pleasure!

Well, the problem with any legal matter is evidence. What can and cannot be shown. Innocent people do get charged with and even convicted of crimes sometimes.

That's why you really need to retain an attorney. He can help you handle the matter and help you avoid making statements or taking actions that might jeopardize you in such a fashion.

To convict someone, the state has to be able to show that all of the elements of the crime were met. When this includes mens rea, or the guilty mind, the state must prove that element as well. Therefore, the fact that someone didn't know property wasn't theirs when they took it could be a defense to a charge. The state would then have to show that the person did know.

So yes, it's possible for someone who is innocent to be convicted. It's not an issue of strict liability so much as an issue of the state meeting the evidentiary threshold even when the person is innocent. There's a margin of error there. It's an unfortuntate reality of a criminal system designed and carried out by people. It's far from perfect.




Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 3 years ago.

what is the maximum time for this felony if they were to charge me no matter if im innocent?

Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription

I only get paid if you click Accept.



I'm sorry for the delay. I was preparing for bed but before going to bed, I wanted to check to see whether or not you had a follow-up question.

The maximum penalty for a crime depends entirely on the crime an individual is charged with.


For instance, if convicted of Theft by Deception (O.C.G.A. § 16-8-3) for property exceeding $500, an individual could potentially face up to 10 years in prison, though the trial judge may choose to treat the matter as a misdemeanor pursuant to O.C.G.A. § 16-8-12.

That said, there are often many different charges that might fit a particular act, meaning that charges and maximum penalties can vary based on the crime charged. Further, again, someone may be able to field a defense that might defeat charges or, in other circumstances, a favorable plea deal may potentially be negotiated.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.


I only get paid if you click Accept, even if you placed a deposit or have a subscription. Bonuses are greatly appreciated, though bonuses are entirely at your discretion.


Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 8 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
thank you!! ;) your expert replies are greatly appreciated!! on my way to pay you now!!!

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