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CalAttorney2, Attorney
Category: Criminal Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My husband gave me 2 checks told me to use them to help me

Customer Question

My husband gave me 2 checks told me to use them to help me out so signed them and deposited them in my checking account then he stop payment on one and now he's is threaten to or had pressed charges on me saying he never gave them to me . what can I do???? Help . he is making comments like there's no
JA: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?
Customer: Sc
JA: Have you talked to a laywer yet?
Customer: No he just started with this this past week
JA: Anything else you want the lawyer to know before I connect you?
Customer: Told me he's got me now
Submitted: 8 months ago.
Category: Criminal Law
Expert:  CalAttorney2 replied 8 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 8 months ago.

Dear Customer,

If your husband gave you two checks that he signed there is no basis for him to "get you" (or any other such vague and ambiguous claim).

The fact that he stopped payment on the checks is a little bit of a problem as this is a gift and it is hard to enforce these - you can try filing a small claims lawsuit against him for enforcement of this - but unlike a contract the courts are less likely to enforce it.

Customer: replied 8 months ago.
I signed the checks he gave me like I have for 16 yrs . I took care of the medical and a lot of the financial matters when he asked me too . never thought anything thing of if honestly
Customer: replied 8 months ago.
Can he have me arrested for forgery and fraud ??????
Expert:  CalAttorney2 replied 8 months ago.

No. The fact that there is a long history of his allowing you to sign his accounts on his behalf would negate any such claim.

Customer: replied 8 months ago.
But when he files the charges he's not going to tell them that I know??? I am so scared he's trying to have me arrested and cost me my career.
Expert:  CalAttorney2 replied 8 months ago.

If he does actually contact law enforcement (which I do not see happening), your very best course of action is to retain a lawyer (do not try to discuss/explain this on your own - use a lawyer to do this for you).

But, if you choose instead to try to represent yourself - which I strongly discourage, if I were faced with the threat of criminal charges (even completely bogus ones that I knew were not going anywhere), I would want an experienced criminal attorney representing me (I wouldn't even represent myself). You can tell the officers that your husband authorized you to sign checks on his behalf and that there is a long pattern of this that will be shown by reviewing his checking account history and cancelled checks.

Customer: replied 8 months ago.
Thank you that makes me feel a little better. But it will cost me my job and I will be arrested police officers has no choice but to arrest me if threres a warrant ... So he will win in the long run he will destroy me like he is say out to do. ....
Expert:  CalAttorney2 replied 8 months ago.

Unless you have a job with a security clearance or some sort of very high level/high risk job, I don't see you losing your position over the initial investigation/arrest (assuming you are actually arrested).

What usually happens in these matters is the police will investigate - they do not make an arrest on something like this until after they have completed their investigation (there is no need to do so - you are not a flight risk, there is no crime against the person (you did not assault your husband), and the issue is really is not one requiring you to be locked up while the officer investigates.