Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

will i go to jail if i cash someone elses money order by accident.the

will i go to jail...
will i go to jail if i deposit someone else's money order by accident? the stub was attached and the money orders had no name on it. there were two. one for $1000.00 and the other was $50.00. i work in a mechanic shop my job is to collect money and make deposits into my husbands bank account he is the owner of the shop.. i went to the cash checkings store and I was either accidentally given someone elses money order by the cashier or i may have picked it up by accident at the window thinking it was mine... you dont expect things like that to happen. this could have happen to the next person who came to the window.. i am very spacey. i was also 28 weeks pregnant at the time this occured.. not to make that an excuse butt it was a huge overlook on my part.. i placed the folded paper that had the money orders in my deposit bag..i think i got like 4 money orders that day... at the end of the day or week my husband just signs and stamps the checks and money orders... he has a lot of customers come pay him car payemts and sometimes in the past they have given him blank money orders... an investigator questioned him and he told them he knew nothing about this but that he did sign the money order but that i deposited the money order into his account.. that is true.. i made the deposit.. but neither of us we aware this money order did not belong to one if his customers.. neither him nor I are professional business managers. we are both disorganized and have made many mistakes. neither of us are criminals. we have no history of theft. we both have morals.. i also received a $10,000 check around the time this money order was deposited. i have papers to prove this. i was in a major accident and received money from an insurance company. neither of us have issues with money...there were two money orders that were deposited one for $1000 and one for $50. this was not intentional. if i would have noticed that this was not our money order i would have returned it immediately... i told all of this to an investigator a few days ago... he recorded our conversation and said nothing is going to happen right now since its the holidays.. and that if after they call me back will i submit to a poly test i said yes ofcourse... i want to know if i need a lawyer for this or will this case be dismissed and all i will have to do is pay the money back and thats it or can they really charge me with a felony for depositing someone elses money orders by accident??? please help . thank you!!!
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 7 minutes by:
12/24/2010
AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9,176
Experience: Attorney
Verified



Even if you placed a deposit or have a subscription



Thank you for your question!


Intent plays a huge part in the criminal system. In most cases, to be charged with a crime, an individual must have an intent to commit the wrongful act. This is an element to a crime that the state must prove beyond a reasonable doubt to obtain a conviction in a criminal matter. Unfortunately, the biggest problem with our legal system is that it can't really look into an individual's heart to determine what that person intended to do at the time.

Because the system can't automatically determine what an individual was trying to do, intent is an issue of fact that would typically be decided at trial. As you can imagine, if people could simply respond to a criminal charge with "I didn't mean to" and have the charge disappear, no one would ever be convicted of a crime. It would be too open and too easy to beat a charge. However, a showing that an individual didn't have the necessary intent element of a crime at the time the act occurred is a defense that an individual may avail himself/herself of in a great many criminal matters. Because the state bears the burden of proof with criminal charges, it's the state's job to show that the defendant did actually have that intent.

Unfortunately, you really do need to retain an attorney. Your attorney can negotiate with the other party to attempt to arrive at the best outcome achievable. Further, your attorney can represent you to ensure that you don't compromise yourself by making damaging statements.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
thank you but all states are different. you are from florida. i reside in norcross georgia.. are the laws the same here too???



Even if you placed a deposit or have a subscription

I only get paid if you click Accept.



I'm pleased that I'm able to provide some invaluable information!

Laws do vary from one state to the next. However, it's a basic principle of criminal law that criminal intent is necessary for most crimes. It's referred to as mens rea. Everything provided in the previous answer was accurate and, unfortunately, you should definitely retain an attorney to handle this matter so that you can avoid compromising yourself.

You can read more about mens rea at the link below.

http://legal-dictionary.thefreedictionary.com/mens+rea

Please do not shoot the messenger.
If you need clarification, please feel free to ask using the
Reply feature.


I only get paid if you click Accept, even if you placed a deposit or have a subscription. Bonuses are greatly appreciated, though bonuses are entirely at your discretion.


Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Ask Your Own Criminal Law Question
Customer reply replied 6 years ago

thank you. so there is a possibility that i could still go to jail even if i did not have the intention of depositing someone elses money order??? Strict Liability ??



Even if you placed a deposit or have a subscription



My pleasure!

Well, the problem with any legal matter is evidence. What can and cannot be shown. Innocent people do get charged with and even convicted of crimes sometimes.

That's why you really need to retain an attorney. He can help you handle the matter and help you avoid making statements or taking actions that might jeopardize you in such a fashion.

To convict someone, the state has to be able to show that all of the elements of the crime were met. When this includes mens rea, or the guilty mind, the state must prove that element as well. Therefore, the fact that someone didn't know property wasn't theirs when they took it could be a defense to a charge. The state would then have to show that the person did know.

So yes, it's possible for someone who is innocent to be convicted. It's not an issue of strict liability so much as an issue of the state meeting the evidentiary threshold even when the person is innocent. There's a margin of error there. It's an unfortuntate reality of a criminal system designed and carried out by people. It's far from perfect.




Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Ask Your Own Criminal Law Question
Customer reply replied 6 years ago

what is the maximum time for this felony if they were to charge me no matter if im innocent?



Even if you placed a deposit or have a subscription

I only get paid if you click Accept.



I'm sorry for the delay. I was preparing for bed but before going to bed, I wanted to check to see whether or not you had a follow-up question.

The maximum penalty for a crime depends entirely on the crime an individual is charged with.


For instance, if convicted of Theft by Deception (O.C.G.A. § 16-8-3) for property exceeding $500, an individual could potentially face up to 10 years in prison, though the trial judge may choose to treat the matter as a misdemeanor pursuant to O.C.G.A. § 16-8-12.

That said, there are often many different charges that might fit a particular act, meaning that charges and maximum penalties can vary based on the crime charged. Further, again, someone may be able to field a defense that might defeat charges or, in other circumstances, a favorable plea deal may potentially be negotiated.


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.


I only get paid if you click Accept, even if you placed a deposit or have a subscription. Bonuses are greatly appreciated, though bonuses are entirely at your discretion.


Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9,176
Experience: Attorney
Verified
AttorneyTom and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
thank you!! ;) your expert replies are greatly appreciated!! on my way to pay you now!!!
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9,176
9,176 Satisfied Customers
Experience: Attorney

AttorneyTom is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

9,176 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My sister is being charged with Grand Theft by Possession.
My sister is being charged with Grand Theft by Possession. We just found out that a $50,000 felony warrant has been issued. What can we do to make this go away quickly and quietly?… read more
N Cal Attorney
N Cal Attorney
JD
6,532 satisfied customers
I'm on formal probation in California for a misdemeanor. my
I'm on formal probation in California for a misdemeanor. my probation term of 5 years will be up on february 1st. How can I check on February 1st, that I'm no longer on probation? Does the probation a… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I was arrested two years ago for theft by conversion,
I was arrested two years ago for theft by conversion, felony, posted 2500.00 bail, have never heard any thing since. how long do I have to wait to at least have a prelimanary hearing to see if it can … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
If someone has multiple misdemeanors for theft and driving
If someone has multiple misdemeanors for theft and driving while barred. And is on probationAnd they leave the state Is there a time limit before they can return Or are they a fugitive and will. BE in… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,167 satisfied customers
My daughter was convicted of intention theft charge. She
My daughter was convicted of intention theft charge. She didnt leave the store and the store did nt file criminal charges. You could nt see the video. She does not have to pay restitution. But her att… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,014 satisfied customers
This is an academic question regarding criminal law in
Hi this is an academic question regarding criminal law in California. Let's suppose for the sake of argument a 19 year old has consensual sex with a 13 year old. Under the law he is guilty of violatin… read more
Zoey, JD
Zoey, JD
Doctoral Degree
173 satisfied customers
If my charge was converted from a felony to a misdemeanor,
If my charge was converted from a felony to a misdemeanor, how long do I have to wait to seal it? Where my rights for voting, passports, and guns automatically restored? The charges are in Ripley Coun… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
173 satisfied customers
This question is about fifth degree theft in Iowa. This
This question is about fifth degree theft in Iowa. This person was charged with fifth degree theft, arrested at Shopco for shoplifting of $27 worth of merchandise. Arrested inside the store and the it… read more
Zoey, JD
Zoey, JD
Doctoral Degree
173 satisfied customers
In ny state if someone is charged with a misdemeanor, and
in ny state if someone is charged with a misdemeanor, and they plead not guilt. are they entitled to a trial by jury?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
Lucy, Esq.
Lucy, Esq.
Juris Doctor
25,639 satisfied customers
There was a misdemeanor charge on me but there was no
There was a misdemeanor charge on me but there was no conviction. However it is showing up on a background check report. Will it show up on a background check for my new employment and willnit matter … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
I have a class C misdemeanor, petty theft under $100, i have
I have a class C misdemeanor, petty theft under $100, i have not yet been convicted nor do i have a court date set yet. I want to either have a non-disclosure, have it dismissed, or expunged. Whate ar… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,793 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,167 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
173 satisfied customers
Originally a Phoenix Municipal Criminal misdemeanor, I was
Originally a Phoenix Municipal Criminal misdemeanor, I was convicted at trial. Sent case to Superior Court of Arizona. Appeal was affirmed. Now I would like to raise an Ineffective Assistance of Couns… read more
Zoey, JD
Zoey, JD
Doctoral Degree
173 satisfied customers
If I am a victim/witness in a criminal theft case but live
If I am a victim/witness in a criminal theft case but live out of state do I have to show up to court if I receive a subpoena? If so, who pays for me to attend the trial? It is a district theft case i… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,167 satisfied customers
Revoked probation for misdemeanor theft Assistant: Thanks.
Revoked probation for misdemeanor theft Assistant: Thanks. Can you give me any more details about your issue? Customer: On probation but am behind on payments. Arrested in a traffic stop due to a warr… read more
Hammer O\u0027Justice
Hammer O\u0027Justice
Attorney
Juris Doctor
4,274 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x