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[QUOTE]Originally posted by SlowStockFox: [QB] ok so i need some input i work for my neighbor and we talk all the time. one day i was leaving and i seen a guy at her door {she doesnt live there} i asked if i could help him and he was intrested in a truck rack in her yard. i told him she didnt live there and i would take his number and pass it on to her. later that day i called her and said some guy was at you house and was intrested in your truck rack. she told me to call her and leave his number on her voice mail. at the time i was shopping at safeway. when i returned home i couldnt find the guys number as he wrote it on a small peice of paper. after i couldnt find it i figured oh well and didnt think about it again. about a week later the guy came and left a check with my lady for a 150 bucks. he made my gurl sign some paper {she dont remember exactly what it said} so i was kinda mad she accept a check that had no name but was written out for 150$. so i took the check to the bank and made sure it was a good check. the teller told me it was and he had the $ at the time. so i filled in my name and cashed it for her.{i know thats where i fucked up} when my gurl got the check she called the neighbor and said the guy had come and got the rack and left us with the check for her. later that night my neighbor came to her house and we said we had the check for her {i didnt tell my gurl i had went and cashed the check} when the neighbor showed up she said she didnt sell it and had called the police. i was like damn it {i knew i kinda screwed my self by cashed it for her} so i said i couldnt find the check. so the next day i told her and came clean and told her i had the 150$ the police arrested me. i told them i would get the check so we could get this worked out. {me and my gurl where under the impression that the guy had come and worked some deal with the neighbor and told him to drop the $ off to us for her} the cops thought i cashed it at my bank and i told them i went to the guys bank {they didnt really listen to me at all} the bank wouldnt give me the check so i couldnt get them the info. so i went and met my publice defender and he said i was fucked. the cops never got the check so they cant prove it was 150$ yet i gave the cops the 150$ or find the guy to get the rack. i have a clean record. he said if i take it to trial i will be in a worse situation and my gurl will get in trouble also. there trying to offer me 5 days jail or 50 hrs community service 500 fine and restition 1 year probation. my public defender was a real asshole and didnt even listen to me. he said if i go to trial and i lose im looking at 30 plus days. {not sure if the fines etc will drop} but if i was really going to steal it why would i tell her some guy was intrested in it andwhy would we tell her we had the $. i know the public defenders just try to get you take deals and it reelection time for judges right now. my neighbor also saved the voice mails of us saying we had the check. i knowi fucked up by lieing and saying i couldnt find it even tho i had cashed it and i filled my name in. it is a theft 3 witch is a miss not a felony. theft 3 is anything less than 250$ im just wondering if i should go to trial or ask for another defender as i cant afford a lawyer. i dont want this to be on my record and i dont want my gurl to get in trouble. the reason i cashed it was cause the guy had left a check and i didnt want it to be bunk and for her to be mad for taking a check. my neighbor didnt press charges and really isnt even mad at me. she just wants the rack back. even in the police report it says i was very nice and coropertive and very appologetic and wanted to make things right. do you guys think what there offering is stiff? what can i say in court? i dont want probation as that just sets you up in the system also i be paying there fees for ua and what not. the max for this crime is 365 and or 5k fine. i really want it dropped and my neighbor says she will do what ever to help me. she only paid 100 bucks for the rack. so any advice and sorry its so long. if you have any questions ask me. i know it was dumb on my part to lie and cash it. but i was honest and wasnt trying to hide it behind her back or keep the money. my defender didnt listen to me at all and called me a moron and said my gurl should be in trouble to. im on unemployment he was like you prob just trying to supplament your income. he said since we accept the check we had basicly stolen her rack and sold it. we rent a back side to a house and the guy knew to bring it to my door. we had thoguht he must have seen me neighbor and worked soemthing out. my defender also said well if he did why didnt he just put her name on the check instead of being blank. i said well what if he didnt say it was going to be a check and it was to be cash. i just really unsure and i think there trying to dick me over. input? sorry for being long and a big rant [/QB][/QUOTE]
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