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check deposited by me then accused of stealing

i did work for a...
i did work for a friend ,remodeled master bath, and other things so he could sell his house. i did the work and he gave me a deposit which was a post dated check for me to hold until job was finished. i did the work and invoiced him for the total amount ($1600.00). After 45Days and not recieving any cash payment, i went to my bank (Chase) and gave it to my personal banker to deposit in my account. the issuer of the check also banked with Chase and reported it stolen. he was reimbursed the amount of the check from Chase and am being charged with felony theft, forgery. i have copies of everything, the check was written by him no doubt about it.the payee line of the check looked like chicken scratch but my name is XXXXX XXXXX filled it out, and signed it. I thought i had rights too baton rouge louisiana law,
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Answered in 1 hour by:
2/1/2012
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,684
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

 

I am sorry to hear about your situation. Based on the facts that you stated, it sounds as though you have a legal defense to the criminal charge. If you can retain a private attorney, you should do so as soon as possible and they could contact the prosecutors office and speak with someone to hopefully sort this out, before charges are even actually filed. If you did the work and have evidence to support it as well as the fact that he wrote you the check, it is going to be hard for them to prove fraud, when he is going to have to testify. In addition, you could very well have a civil suit against him and sue to recover the damages suffered, as a result of his dishonesty and fraud. He can not benefit from the work you have done and not pay you, as well as the cost in defending a lawsuit without a legal basis.

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Customer reply replied 5 years ago
i have an attorney and have paid him but he seems unmotivated. i should have him talk to the prosecutor? i have already been arrested and charged, im going today for an arraignment. i feel like my attorney isnt on my side, and im his client or customer. any suggestions???

Be patient at this point. He is going to make a demand for discovery and look over the evidence against you. Moreover, he will likely want to depose the "victim" and see what he has to say for himself. The facts that you stated sound as though he is the criminally here, not you but your attorney will need to see what he is going to testify to, if you go to trial. It is possible after the facts come out, the prosecutor may not want to proceed with them.

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,684
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CrimDefense, CriminalDefenseAtty
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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).

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