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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27171
Experience:  10+ years defending Misdemeanor and Felony cases.
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if someone you knew stole your checks, you didnt

Resolved Question:

if someone you knew stole your checks, you didn''t have knowledge of any of it til after they stole and forged your name. and you haven''t been charged yet. would it be in that persons best interest to go ahead and repay the checks.and if and when they charge you with conspiracy or uttering and the checks are all paid for, what is the likely outcome. looking for best opinion. thank you
Submitted: 9 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 9 years ago.
If a person repays money which was stolen, it would be called restitution. Most likely, this would be ordered through the court, as a condition of their sentence and probation, anyway. It would show good faith to the court, that an effort was made to correct the wrong, prior to sentencing. As far as the outcome, the court will look at the prior criminal history of the defendant. If they are a first time offender and the victim does not wish to cooperate with the State in prosecution, most likely a probationary sentence will be given.
Customer: replied 9 years ago.
so if the person that had the checks stolen would repay all the checks, that person would be doing the right thing in repaying all the checking and will be out for the lose, for something they did not do but to the court it would look best in thier favor. would it be recommended for the inocent party to repay the checks back.
Expert:  CrimDefense replied 9 years ago.
I dont see why the victim/innocent party should have to repay the money. The defendant, i.e. person who stole the checks, should be responsibile for repaying the money. The victim should not be out of pocket any money for the wrong doing of another.
Customer: replied 9 years ago.
the person who stole the checks told the law that the victim/innocent, was involved or knew what was going on and was part of it. the law believed the person who stole the checks and not the now what the the victim, do. does the victim still try and repay back the checks or wait and take thier chances and see what comes out of it when the law decided to do something. the victim has not been charged as of yet, and the one who stole the checks has not as far as anyone knows. again the law won't tell the victim anything. the victim even wanted the one who stole the checks charged and nothing was ever done as far as they know. the law even commented thaqt they believed the one who stole the checks and not the victim.
Expert:  CrimDefense replied 9 years ago.
You need to wait and see who is prosecuted for this crime. Once there is a defendant in the case, you can proceed accordingly with a valid defense and pay restitution for the money that was taken. If the State does not proceed with charges against any party involved, there is no need for restitution.
Customer: replied 9 years ago.
g can the state hold on to the case and still charge someone. is there a limit to this type of case or can they wait 6month,year or any time to resolve it later.
Expert:  CrimDefense replied 9 years ago.
Depending on what the charges are, there is a Statute of Limitations. Each crime has a different limit by which the State has a duty to charge a person.
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