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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114800
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can I work out an agreement wit the bank in a fraud case

Customer Question

Can I work out an agreement wit the bank in a fraud case without going to court
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have they taken any action yet?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
I was just informed by the victim that the bank has found out about it. So I was just trying to see what option that I have
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You should NOT admit to anything to the bank, but the last thing they want is to get tied up in court. So you can contact them and offer to settle the matter and you need to tell them that you did not want to drag this out with costly and public court matters and ask if they would be agreeable to take a settlement to close the matter. I would not do this without using an attorney for two reasons. First, most bank legal/security departments will refuse to talk to you. Second, using an attorney means anything the attorney says cannot be used against you, whereas anything you say to the bank even trying to negotiate with them can be used against you.
However, most times, yes the banks will rather get their money back instead of go through public trials.
Customer: replied 1 year ago.
that means that it will be in my record right
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you settle the matter before they take it to court, it would not be in your record. Once they take it to court or to the district attorney, then it would be on your record.
Customer: replied 1 year ago.
how do I do that before they do anything if you said not to admit to anything
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is why I said above you need to hire a local attorney to try to resolve it with them. You do not want to tell them anything that they can later use against you. But the attorney can call them and offer to settle to keep it out of court.
Customer: replied 1 year ago.
Last question. Once the bank press charges then it will have to be finger printed and booked. My question is how to resolve the issue before any of this takes place. I've not had any contact with the bank.yey but I believe that it is coming. So what can I do to avoid all of this basically before it begins
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is what I told you above, you need the attorney to negotiate this with them and contact them to offer settlement before it gets to the point where they file charges. That is everything I mentioned above.