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CAN A PERSON GO TO JAIL FOR COMMITTING FRAUD TO ANOTHER PERSON

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EVEN IF THEY ARE WILLING...
CAN A PERSON GO TO JAIL FOR COMMITTING FRAUD TO ANOTHER PERSON EVEN IF THEY ARE WILLING TO PAY OR ARRANGE WITH THEM
Submitted: 6 years ago.Category: Criminal Law
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Answered in 4 minutes by:
2/4/2011
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24,870
Experience: 20 years trial experience in defense of criminal cases
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Yes - absolutely. It all depends on what the fraud was and how much money was involved.

The criminal charges could range from "theft by deception" to "fraud in the inducement" and even more - depending upon the circumstances.

I would inform them that if they don't repay the monies immediately that you will have no alternative but to file a criminal complaint with the District Attorney's office. Then not only will they face criminal charges but they will have to pay back the monies as part of their probation - they will NOT be able to discharge such through bankruptcy proceedings either.


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Customer reply replied 6 years ago

I BORROW THESE MONEY FROM A PERSON WHOS MY INTENTIONS WERE TO PAY HER BACK WITHOUT A DOUBT BUT NOW THE DAUGHTER IS ACCUSING ME OF FRAUD AGAINST HER MOM AND IM WILLING TO PAY HER BACK EVERYTHING SO WHAT CAN I DO IN THESE CASE?

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
What were the circumstances of your borrowing the money?

What is the fraud that she is alleging?

What did you borrow the money for?

Did you get the loan in writing?
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Customer reply replied 6 years ago
I GOT FIRED FROM MY JOB AND I HAD IT TO PAY 3000 DOLLARS IN TICKETS ALSO I WAS GOING TO A DEORESSION AND SUICITLE TAUGHTS AND I HAD IT TO BY MEDICINES WHICH I DIDNT HAVE ANY MONEY AT ALL, SHE IS ALLEGING THAT I SIGNED THE CHECKS AND ON THE CHECKS WHERE IT SAY MEMO I ALWAYS OUT PERSONAL LOAN
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
Did you forge the checks?
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Customer reply replied 6 years ago
NO I DIDNT AS I ASK HER MOTHER SHE WILL AGREE AND SIGNED THEM FOR ME I NEVER STOLE CHECKS OR FRODGE HER SIGNATURE, TE LADY HAND WOULD SHAKE A LOT CUZ SHE IS 92 ALL I DID WAS HELP HER SIGNED BUT I NEVER FORCE HER OR DID IT MY OWN
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
OK, then that isn't a crime.

What was the agreement as to your paying her back for the monies?

Have you made any payments?

When did she give/loan you the monies - how long ago?
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Customer reply replied 6 years ago
WELL BECAUSE I WAS AND IAM WITHOUT A JOB I TOLD HER AS SOON AS I STARTED WORKING I WILL PAY HER BACK IN INSTALLMENTS OF 200 PER MONTH AND SHE SAID YES IVE MADE PAYMENTS OF 100 DOLLARS BEFORE BUT SINCE I STOP WORKING I HAVENT SINCE, AND THE DAUGHTER KNOWS THESE BECAUSE I EXPLAINED MY SITUATION IN THE PAST MY ONLY MISTAKE WAS NOT TELLING HER DAUGHTER I BORROW THE MONEY BECAUSE SHE DIDNT WANT ME TO SO I RESPECT HER DECISION, SHE GAVE ME A TOTAL OF 8 CHECKS BUT I DIDNT CASH THEM ALL AT ONCE AS I WAS ASKING HER FOR THEM THEN I WILL GO AND CASH THEM BUT THE DAUGHTER AND SONINLAW THINKS I FRODGE EVERYTHING AND THEY WONT BELIEVE ME AND NOW THEY LOSE HER BANK ACCOUNT AND MAKE A POLICE REPORT ON WHICH THEY TOLD ME A WARRANT FOR MY ARREST WAS GOING TO BE ISSUEAND IAM REALLY SCARE BECAUSE I HAVENT DONE ANYTHING WRONG
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
No, it doesn't appear that you did do anything wrong. To the contrary, you did NOT do anything wrong.

Are you related to this person whom you borrowed money from OR how do you know her?
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Customer reply replied 6 years ago
WELL YES I WORK WITH HER IN THE PAST AS A CAREGIVER AND SHE LENDED ME MONEY IN THE PAST FOR A DOWNPAYMENT OF MY CAR, AND AS I WAS WORKING WITH HER MY PROBLEMS OCCUR AND ALL I ASK WAS FOR HELP AND SHE HELPED ME BUT NOW IM IN THESE MESS AND ACCORDING TO THE SON IN LAW HE TEXT ME SAYING HE MADE A POLICE REPORT AND NOW THEY ARE INVESTIGATING ME AND HE SAID A WARRANT WAS GONNA BE ISSUE WHAT CAN I DO TO GET OUT OF THESE MESS?
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
Did you repay the monies in the past which you borrowed? Can you prove it?
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Customer reply replied 6 years ago
WELL I PAY ABOUT 700 AND STILL OWN HER 800 BUT THE DAUGHTER WHO PAYS THE PEOPLE USED TO TAKE IT OUT OF MY CHECKS AS SHE PAY ME
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
OK, but you did pay her back or where paying her back - that was fraudulent.

I don't see that they have a case against you - you have borrowed money from her in the past and made payments to her on such.

She consented to loaning you monies.

That you didn't forge her signature to the checks - she wrote them herself.

For you to be liable for fraud - you must have intentionally pursued defrauding her and that just didn't happen in this matter.

So, your NOT guilty of anything - just not being able to repay her back completely is all.

There is NO fraud going on here.

If the police do contact you - then you can inform them that you had loans with her in the past and repaid them or were repaying them.

There was NO fraud in this - no criminal fraud or civil fraud or otherwise.






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Edited by Law Pro on 2/4/2011 at 6:35 PM EST
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Customer reply replied 6 years ago
OK THAT SOUNDS BETTER TO ME, HOW ABOUT IF THE SON IN LAW IS SENDING ME THESE TEXT MESSAGES SCARING ME AND ACCUSING ME WITHOUT HAVING PROVE AND I HAVE THEM ON MY PHONE? ALSO AS SHE SIGNED THE CHECKS I ALWAYS AND THER WORKERS THAT WORKS THERE KNOW THESE THAT WE FILLED UP THE TOP PART AS WERE THE NAME GOES AND THE DATE AND THE AMOUNT IT WAS WRITTEN FOR AND SHE WILL SEE THEM AND THEN SHE WILL SIGNED THEM ALSO AS WE CASH HE CEHECKS IN THE BANK THEY WILL ALWAYS CONTACT HER FIRST TO GIVE THE OK BEFORE CASHING IT TO ME HOW CAN I PROVE THAT?
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
That is certainly harassment by communications. You could file your own criminal complaint against him with the District Attorney's office about such.

She can admit to being called by the bank OR you can have a bank representative testify about such - that's what happened in the past. You can subpoena them from the bank to testify about such.






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Customer reply replied 6 years ago
DO YOU THINK I NEED TO GET A LAWYER TO REORESENTED ME OR I CAN DO THESE BY MY SELF?
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
Well I wouldn't retain an attorney until you were charged (IF your charged) - then I would retain an attorney because they won't be able to prove the allegations.

However, regardless that they don't have a case - you want to make sure all charges are dropped if they are filed. So, if they do file criminal charges - I would definitely retain legal representation because you don't what to have a criminal record over this.

I don't think you will be able to represent yourself adequately if they do. However, I do think an attorney will have an easy time have the charges dropped.

I just wouldn't want to take that risk of representing myself if I were you because if found guilty - that's serious certainly.





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Customer reply replied 6 years ago
AS OF RIGHT NOW IM TRYING TO GET ALL THE MONEY TOGETHER WHICH IS 3900 DOLLARS THAT INCLUDES THE 800 FROM THE PAST AS I TOLD YOU AND TAKE IT DIRECTLY TO HER DAUGHTER SO THESE WONT GO FURTHER. HOW ABOUT IF IM NOT REFUSING TO PAY HER AND LETS SAY I WAS FOUND GUILTY WILL I STILL GO TO JAIL? BECAUSE I DONT WANT THESE TO HAPPENNED IAM GOING BACK TO SCHOOL TO STUDY FOR AN REGISTERED NURSE I SURE WOULDNT WANT THESE TO AFFECT MY CARRER IN ANY WAY?
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
You now asked/stated:

AS OF RIGHT NOW IM TRYING TO GET ALL THE MONEY TOGETHER WHICH IS 3900 DOLLARS THAT INCLUDES THE 800 FROM THE PAST AS I TOLD YOU AND TAKE IT DIRECTLY TO HER DAUGHTER SO THESE WONT GO FURTHER. HOW ABOUT IF IM NOT REFUSING TO PAY HER AND LETS SAY I WAS FOUND GUILTY WILL I STILL GO TO JAIL?


If convicted - doubtful you would go to jail because it's not a violent offense unless you have a history of past criminal conduct. Even then I doubt you would go to jail for this if convicted.

BECAUSE I DONT WANT THESE TO HAPPENNED IAM GOING BACK TO SCHOOL TO XXXXX REGISTERED NURSE I SURE WOULDNT WANT THESE TO AFFECT MY CARRER IN ANY WAY?

Yes, this would impact your ability to get your nursing license - because it's a matter of defrauding clients and they don't want that to happen in the future.




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Customer reply replied 6 years ago

WELL THATS A RELIEVE TO KNOW..IF I TAKE THE MONEY SHOULD I MAKE A LETTER AND HAVE THE DAUGHTER SIGNED IT JUST TO MAKE SURE SHE WILL DROP THE ACCUSATION? BECAUSE RIGHT NOW IM HALF WAY IN MY CARRER AND I DONT WANT THESE TO BE INVOLVED, I DO NOT HAVE ANY CRIMINAL RECORDS OR ANY MINOR THINGS NEVER PROBLEMS WITH THE LAW BESIDES NORMAL TICKETS WHICH I HAVE PAID

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
I absolutely would make her sign a release memorializing the payment of monies to her on behalf of her mother - absolutely.


I would give her a bank cashers check so that you could have a receipt too.






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Customer reply replied 6 years ago
IN CASE I DONT HAVE THE MONEY READY ANY TIME SOON THAT MEANS I WOULD HAVE TO WAIT FOR THE POLICE TO CONTACT ME AND SEE WHAT HAPPENS? I JUST HOPE I WONT GO TO JAIL?
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
That would be correct - they can always charge you but that doesn't mean that your convicted. Then if charged - retain legal representation - because your not guilty of a crime here.








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Customer reply replied 6 years ago
CAN YOU RECONMEND ME OF A GOOD LAWYER IN CALIFORNIA WHO I CAN CONTACT IN CASE THESE HAPPENS? I JUST WANNA MAKE SURE I DONT HAVE TO GO TO JAIL? AND IF CONVICTED WILL THAT STAY IN MY RECORD FOREVER?
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
I would appear that you would qualify for a Public Defender. If you don't want a Public Defender - then I would contact the County Bar Association for names OR look in the Yellow Pages for an attorney.


Good luck!! You shouldn't worry about this because you didn't do anything wrong.






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Customer reply replied 6 years ago
THANK YOU SO MUCH LAWYER YOU ARE THE BEST AND I HOPE I THE FUTURE TO CONTACT YOU IF ANYTHING THANK YOU FOR THE LUCK!!!
Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 6 years ago
Thank you and you're welcome.

Good luck!!



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