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xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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i am in maricopa az i went to the wells fargo bank and open

Customer Question

i am in maricopa az i went to the wells fargo bank and open up a account the social security number i used is the number they gave me in new jersey went i went to the somerville office i told them about the promblem i had with identy theft the lady tha waited on me told me do not use my old number no more she gave me a new number also i got a cashiered check from someone they sent it to because i was sub leasing my apt when i went to cash the check the check was in my name and when i summited it to the bank they said it was a bad check they called the police on me and i was arrested what i want to know is was the cop suppose to arrest me for that because the check was in my name how would i know the check was fake i have no crimnal record never been in trouble with th law i went to social security today i was informed i have two social security numbers so what i did was i wrote the people in boston the main office to send me this information so i an take it to court and any oter evidence i need to prove my case do you think i can do jail time i am stress about this
Submitted: 1 year ago.
Category: Criminal Law
Expert:  rvlaw replied 1 year ago.

Hi and welcome,

 

Did the police become aware of the two social security number issue? How?

 

You mention identity theft.....could you provide more details and where you are in resolving the problem?

 

What is the relationship between someone's giving you a bad check and your social security number issue?

 

rich

Customer: replied 1 year ago.


well the check that was giving to me was a scam i am working withthe fbi on thisthis man said he wanted to sub lease my apt for his daughter he send me a check for 1950 dollers i went to cash the check and the bank said the check was fake i then got arretsed by the police alsp as far as the social security number i open up a account at wells fargo social security gave me a new social security number the old number i was using i had a promblem with identy theft they tried to say the number i gave them was someone elses number when i wnet down to social security in casa grande az they nformed me i had 2 social security numbers so my question to you is i have never benin trouble with the law and i do not have a crimnal record how do you think this will turn out i am gathering as much information i can to prove my case what do you think will happen

Customer: replied 1 year ago.


this is for r law can you call me and i will tell you about(NNN) NNN-NNNN/p>

Expert:  rvlaw replied 1 year ago.

I will address your reply right now but let me say that JA does not allow us to communicate with customers by phone, email, etc or by any means other than on the site. Sorry. I will be right back

 

rich

Expert:  rvlaw replied 1 year ago.

1. How are you working with the FBI?

 

2. Are the charging you with a crime?

 

3. Is the FBI holding off on charges or sentencing based on some cooperation on your part to arrest some scammers they are after?

 

4. Was it the local AZ social security office that gave you a second SS# XXXXX questioning the fact that you had one already and/or that there was an identity theft issue?

 

5. I'm still not getting the connection between your social security number issue and the bad check/scam.

 

rich

Customer: replied 1 year ago.

rate issues first of all let me start tellingyou about the social security number i went into the wells fargo bank to open a check account when i was in new jersey i went to the social security office 2 months ago to tell them about the identy theft i was having the lady told me to no longer use my old number and she gave me a new number the new number is XXXXX number i used to open up a bank account when i came back the next day they called the cops the cps questinme about it i told them honestly that the number i used to open up the account thts the number the the social securityoffice gave me when i went their 2 months ago as far as the chec situation i had a check for 1950 dollers that a man sent me for sub leasing my apartment in new jersey the man said the apt was for his daughter when i went to cash it at the wells fargo bank they check the check out and they said the check was a bad check this is when the police arrested me he scammed me basically the fbi is involved becuase i ot a text message on my phone and said they are the fbi and they deal with internet scamming they told me all about this man and how he scammed people to do what i did thats when the other charge comes in forgery my question to you is how would i know if he check is fake all i did was went into my bank to cash my check and the check was in my name i have all te prove with that also social security will mail me something about the 2 social security numbers that i have so what ever edvindence i have to prove that i did not have any mix up withnone of this also again i mention i have no crimnal record that is why do you think i need a public defender or lawyer whats my chances of getting out of this walking free

Customer: replied 1 year ago.


what other info do you need

Expert:  rvlaw replied 1 year ago.

I'm sorry. There are clearly facts about this case that you haven't been told....by the FBI and or SS. I can't honestly make a suggestion about the outcome of the situation. I will opt out of the question. I suggest you relist it and ask for a criminal expert familiar with FBI operations.

 

rich

Customer: replied 1 year ago.


my question to you is were do i go with this and you mention their are facts about this case that i ahve not been told what do you mean by that like i told you i never been in trouble with the law and i will get all my proof

Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.


no i can wait i just want a accurtae answer

Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.

Regards,
Wendy
Customer: replied 1 year ago.


no promblem take your time i need answer

Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

I am very sorry that you have been under SO much stress over this situation.

It is EXTREMELY unusual for a person to have 2 social security numbers. However, if you have been the victim of identity theft, it might explain why you were issued 2 social security numbers.

My questions to you are these:

Have you been charged with a crime yet? If so, in what state?

If you have been charged with a crime, do you know what crime that it is?

Thanks
Customer: replied 1 year ago.

I hAVE no crimnal record i never been charged with any crimnal activity the only thing that happen to me when i was in new jersey i had issues with motorvehicle tickets driving while revoke as far as any crimes i have no crimnal record my question to you is when you going front of a superior and i hvae a clean record and also i am in the process getting everything i need ro get to prove my case does the judge look at that because i have no record whats so ever please let me know because i am so stress about this i almot had a stroke

Expert:  xavierjd replied 1 year ago.
Hi,

Please do NOT get yourself sick over this!

If, and until you are charged with a crime, you have nothing to worry about.

If you ARE charged with a crime, you are presumed INNOCENT UNTIL PROVEN GUILTY BEYOND A REASONABLE DOUBT. That is a VERY high standard.

Moreover, IF you are charged with a crime, you will be entitled to have an attorney represent you. If you cannot afford an attorney, you can ask the judge to appoint you a public defender. IF you are charged with a crime, you DEFINITELY need an attorney to assist you.

An attorney can work with you to make sure that your rights are protected. If you are charged with a crime, an attorney may be able to get the charges dismissed (if there is a lack of evidence) or work to get the prosecutor to reduce any charge(s) to a lesser offense.

If you are CONVICTED of a crime (either because you plead guilty or are found guilty by a judge or jury), the judge will DEFINITELY take into consideration that you have NO criminal history. Depending upon the charge, it is VERY possible that if you are convicted, you may be placed on some type of probation. You may also have to pay fines/costs and restitution if applicable. If convicted, you will have to comply with any terms of probation that the judge may place upon you. For example, no arrests or convictions while you are on probation, s/he may order you to do community service, etc.

However, without knowing if you are going to be charged with a crime, or what charge may be authorized, it is difficult to tell you what will happen. However, the fact that you have never been in trouble is DEFINITELY in your favor!

You may wish to contact an attorney in your area that specializes in criminal law. Sometimes, an initial consultation is free or at a minimal cost. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. Sometimes, an attorney may even get involved before you are charged. The attorney may be able to work with the police so that you are NOT charged, or if you are, that the crime is the the least possible.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Customer: replied 1 year ago.


Thank you so much for your help I hav another question being the fact the check was in my name the other one i told you about did the officer have a reason to arrest me when i gave the check to the bank to cash the check was in my name how did i know the check was not real that is when he arrested me can i sue maricopa police for this

Expert:  xavierjd replied 1 year ago.
Hi,

Unfortunately, because the check was NOT real, the officer had "probable cause" to arrest you. Why? Because the check wasn't valid and you presented it to the bank. That is enough for an arrest. Also, there may have been an issue because of the 2 social security numbers. But, you can't sue the police department because of the arrest. The officers DID have "probable cause" to arrest you because you presented a "bad" check to the bank. However, the arrest doesn't mean that you are guilty of any crime.

If you are charged with a crime, however, one of the elements that the prosecutor must prove is KNOWLEDGE. The prosecutor must prove that you had KNOWLEDGE that the check was not valid when you presented it to the bank.

Again, if you are charged with a crime, MAKE SURE THAT YOU ARE REPRESENTED BY A LAWYER. It is very important. If for some reason, there was a legal problem with the arrest, an attorney can assist because the attorney can make a motion to dismiss the charge because of the legal problem with the arrest. However, again, based on the facts in your post, the officer had "probable cause" to arrest you.

Best of luck to you.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

Customer: replied 1 year ago.


another question i hav to ask you i have prove that the check that was given to me was fake and i was scammed the text messages that the scammer left in my phone also i have the emails and i also have something in my phone that the scammer said you got scammed rot and die in jail would this evidence help my case in regards XXXXX XXXXX bad check situation

Expert:  xavierjd replied 1 year ago.
Hi,

If you have all of that information to prove that you were scammed, it will be VERY HELPFUL to your case.

If you haven't been charged yet, you may want to show that information to the detective in charge of the case. However, if you do this, make sure that you DO NOT ADMIT ANYTHING regarding the bad check. Just talk to the officer about the information that proves you were scammed. If you are successful in showing the detective that YOU were scammed, then it is possible that you may NOT be charged with a crime.

If you are charged with a crime, make sure that you give all of your information regarding the fact that you were scammed to your attorney. The attorney can then present it to the prosecutor and HOPEFULLY get the charges dismissed. If the charges DO NOT get dismissed, the attorney may be able to get he prosecutor to agree to plea bargain in which any charges may be reduced.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

Customer: replied 1 year ago.


you have been really help i hate to bother you again all the info i get from social security like the 2 social security numbers that should be help ful also right

Expert:  xavierjd replied 1 year ago.
Hi,

You are not bothering me.

All of the information regarding the 2 social security numbers WILL DEFINITELY be helpful!

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 8 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


you know you are a sweetheart tnak you for helping through this i will definately keep you updated on whats going on next weak march 29 i have to go for a arraignment does this mean i have to prove guilty or not guilty how does this work would i be able to sumit my envidence about the scammed check next weak so at least one of the charges be dropped are you familer with the superior court judge in pinnal county do you know who will i go in front of or do you know if it is a man or women

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