Criminal Law Questions? Ask a Criminal Lawyer.
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Usually the children would file the police report but first they need to find a local lawyer to review the situation and see if the bank is liable for the forgery.
There are some cases where a bank can be liable if they allow for forged checks to be cashed.
If the bank is on the hook then they will get the police to press charges and usually the DA is more aggressive if a bank is pushing them.
There is no way to know based on the facts you have given whether or not the GF is an accomplice or liable in any way.
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We have reason to believe the father has mental issues and if this was to become a felony charge and he were to be found guilty, is there a form of incarceration that would address that rather than he just be thrown into general population? In his business life he's a high functioning Vice President of a bank.
There is no way to know for sure what will happen to the father if he is found guilty.
The prison systems are terrible at treating mental issues.
CA may be a little better than most states, but it still isn't good.
Up to the Judge your saying?
No, not even the judge. It's up to the prison system once he is sentenced.
Unless he is found not guilty by reason of insanity, which is incredibly difficult to prove.
Is a mental ward no option?
No, not with a conviction and a sentence. The judge can't sentence him to a mental ward if he is convicted.
The prison system may put him there but there is no guarantee.
Am I correct in understanding felony is 3 years & up to $3000.00?
It depends on the exact charge. These can be charged in several ways depending on the facts, the amount taken, how it was done, etc. It can be theft, forgery, theft by a fiduciary, etc.
Going back, the children are the ones to press charges?
Yes, they can contact the police and press charges.
However, they need to have a lawyer look at it ASAP to see if the bank is at fault.
There is a very limited time to file against a bank if they are at fault.
OK thank you, XXXXX XXXXX think of anything more just now...is there some way to print out this conv?
Oh wait.. what is the limited bank time?
Yes, as soon as you issue a Positive Rating the format of the question will change into a regular Q and A. At that point you can print that format using your browser's print function.
I don't know the time limit now, it used to be 6 months, but there are state and federal laws that interact now and so ti depends on how it happened to determine how long there is.
That's why they need to see a local attorney so he can sit down and visit with them about the facts and look at whatever records they have.
one step @ a time then...TX again
You're very welcome.
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I'll exit now to assist others.
HAGD & your safe :)
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