Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

My wife has recently served me with a complaint for divorce.

We have been married for...
My wife has recently served me with a complaint for divorce. We have been married for a little over three years. We have one child, a son, to whom I've been a stay-at-home father. Acrimony is increasing as is par for the course. A year or two ago, I cashed a check of hers with her permission for household needs; a few others were cashed as well. She was aware of these check. She has threatened to press charges against me for forgery and check fraud. Whether or not I signed her name on one or more of these checks, should I take this seriously or will this be viewed as a domestic matter, since we are currently in divorce proceedings?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 7 minutes by:
10/12/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,417
Experience: Licensed attorney with 29 yrs. exp. in criminal law
Verified
Hello,

Thank you for the information and your question. Although these are serious allegations, since there has been a delay in reporting this and if your version of the facts (that she knew and tacitly agreed to you signing the checks) is believable when and if this was reported to the police, then it is unlikely that the prosecutor's office is not likely to want to go forward with a prosecution of these charges, even if you technically signed as her. These checks cases are very difficult and time consuming to prove and without an admission on your part (which you would definitely not want to make a statement), they would have an even harder time proving the case.

So, again, although this might be a valid legal issue that could complicate your life and thus be a matter for consideration in your divorce negotiations, it is not highly likely it would be prosecuted. But it could.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,417
Experience: Licensed attorney with 29 yrs. exp. in criminal law
Verified
Marsha411JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Since, I was a stay-at-home parent, she had written me a number of checks for bills and living costs.


Hypothetically speaking, would it be smarter to refute her assertion altogether or to claim she gave her permission for me to sign? Could she claim that her signatures are actually mine and attempt to prosecute? It seems a flimsy threat, tantamount to a police officer pulling you over for speeding you did a year ago. She's trying to intimidate and bully me into agreeing to certain concessions in a proposed shared parenting agreement.

Sorry about that, I didn't get a message from the Site that you had responded and just happened to glance at it. We seem to be having some bugs. Anyway, as I mentioned, if I was your criminal defense attorney I would tell you not to say anything at all. Nothing you can say to law enforcement can help your case. They are not in the business of helping you, they are in the business of building cases. So, unless you have a criminal defense attorney who recommends that you speak to the police, then you should not say anything to her, or anyone else who is not your attorney, about the facts of this case.

Ultimately if there were charges, then your attorney could decide what tactic to take. If she actually signed the checks, then there is no criminal issue here. In other words, you haven't forged anything. She would somehow have to say she signed blank checks and you stoled them, which could never be proven. On the other hand, if you signed her name, then that is technically a forgery, however, as I mentioned, highly unlikely in these circumstances it would be prosecuted. But again, no statements should be made. Especially one where you acknowledged you signed or used the checks at all.

As for the delay, it really isn't the same thing as a police officer with a speeding ticket. That would not be legal since the officer has to ticket at the time they observe. This is very different, there is a longer statute of limitations and as long as the State meets that, they can prosecute many months, and sometimes years, after the criminal act.
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

Thank you for your prompt response.

You're welcome and best of luck to you.
Ask Your Own Criminal Law Question
Hello again,

I wanted to touch base with you and thank you for your business. It was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue in the future, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.
Ask Your Own Criminal Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,417
20,417 Satisfied Customers
Experience: Licensed attorney with 29 yrs. exp. in criminal law

Marsha411JD 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

20,417 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My ex-wife filed a number of false complaints and a friend
My ex-wife filed a number of false complaints and a friend of hers husband, who is a Williamson County Sheriff Detective, got an arrest and search warrant without any investigation. Basing everything on his belief of my ex-wife's statements, who previously I had to call the police because she was threatening to kill the dog, take all my cash, gold, firearms, and to file false police reports to arrest me. They showed up to arrest me in my front yard and refused to show me or tell me what was on the search warrant. When I refused them entry they threatened to kick the door open and leave my home unsecured. While I was being driven to jail they called the detective driving me and asked how to get into my safe. I asked if the safe was on the search warrant and they threatened to damage my safe. The charges were eventually dropped due to lack of probable cause and evidence. I feel my civil rights were violated when they refused to show the warrant and I believe the officers acted criminally by planting evidence and they "lost" two firearms they confiscated. What actions can I take against my ex-wife and the sheriff's department? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
54 satisfied customers
What is the stat of limitation on a crimminal complaint
What is the stat of limitation on a crimminal complaint 30-47-3A(4), 30-47-4B. Is the statutes attached to a date of incident when injury is said to have occured or when a person died of said accident… read more
Marsha411JD
Marsha411JD
Lawyer
20,417 satisfied customers
With no previous criminal record what is the possible
With no previous criminal record what is the possible penalty for a charge of misuse of communication devices that include harrasment and 1 possible threat. I live in Westland Michigan… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
If someone has both a civil and a criminal restraining order
If someone has both a civil and a criminal restraining order against me, and I want to report criminal behavior on their part, can I be prosecuted for harassment? For instance, he is a 3rd grade teach… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My son is the county jail accuse of stalking a criminal
my son is the county jail accuse of stalking a criminal threat. He state that he is inocent. Authorities state the have phone records. The bails is $200k. He will be seeing the judge on tomorrow for t… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
I am a defendant in a criminal matter in state. Unaware of
I am a defendant in a criminal matter in Washington state. Unaware of his status as being the prosecuter handling my case (until I was his name signed at the bottom of my plea bargain), the prosecutin… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
54 satisfied customers
My criminal case was dismissed without prejudice for
My criminal case was dismissed without prejudice for sexual aggravated assault on a child,case could not be proven beyond a reasonable doubt.can this case be brought back to court and long will it sta… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,470 satisfied customers
In osfuskee county ok in a criminal felony case do the
In osfuskee county ok in a criminal felony case do the arresting officer have only 48 hrs to submit police report and if not submitted on time is that grounds for dismissal and is there a 60day speedy… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I live in Michigan. Can I file a criminal complaint for
I live in Michigan. Can I file a criminal complaint for usury? I was charged 60% interest on a 20k personal loan from a private individual. During a court hearing in which the plaintive was sueing me … read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
California. Plaintiff in cross complaint can be investigated
California. Plaintiff in cross complaint can be investigated for vandalism according to opinion by special prosecutions section. Plaintiff tampered with locks owned by defendant and details his tamper… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,470 satisfied customers
Where does the ICAC receive a majority of its complaints
Where does the ICAC receive a majority of its complaints from? Also, is the news of enticement and pornography investigations an accurate depiction of the length of investigations into these activitie… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
54 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Not sure it is criminal. I was scammed in early April & gave
Not sure it is criminal. I was scammed in early April & gave scammer remote access to myPC my fault. The next day I realized, went to the bank and closed my accounts, 4 days later, my old ***** ***** … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,251 satisfied customers
If a person files a criminal complaint (based on written
if a person files a criminal complaint (based on written evidence which supports the facts of the complaint), can they be sued for defamation per se?In this situation, the accused person published (on… read more
Expert James
Expert James
Doctoral Degree
11,519 satisfied customers
Is the filing of a criminal complaint defamation if the
Is the filing of a criminal complaint defamation if the prosecutor decides not to press charges against the person who was named in the criminal complaint? Also considering that the criminal complaint… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My attorney filed a motion to dismiss a criminal complaint
My attorney filed a motion to dismiss a criminal complaint against me for being facially insufficient. Even a layman without a law degree would agree - it was poorly drafted and barely touched on elem… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 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