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Author
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Topic: legal advice
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SlowStockFox
Stock Fox
Member # 1081
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posted
 
 
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
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i walk around....dont drink and drive
Posts: 2957 | From: cali | Registered: Mar 2002
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Yaterstang
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Member # 7659
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posted
damn too many words
Posts: 2968 | From: Natomas | Registered: May 2007
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xvt's 85 5.0
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Member # 4765
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posted
what you should really do is mind your own business next time, and asking for legal advise here it's plain stupid!
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CBR 600RR
CBR 600 F4
Posts: 489 | From: San Jose | Registered: Aug 2004
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FSTRDNU
SVO's and XR4Ti's
Member # 12
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posted
If you're going to be stupid........you need to be tough.
Jail is a good educator.
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Drifting is to motorsports like rap is to music. Sure, people do it. But only the stupid people.
Posts: 479 | From: Bay Area CA USA | Registered: Sep 2000
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Venomized93
Founding Member
Member # 55
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posted
quote:
Originally posted by xvt's 85 5.0:
what you should really do is mind your own business next time, and asking for legal advise here it's plain stupid!
+10000000 WTF were you thinking? Anyhow, so let me get this straight. Where was the check from (BANK?) can you get a hold of the buyer somehow to get a copy of the check?
Posts: 2077 | From: San Francisco, California | Registered: Oct 2000
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SlowStockFox
Stock Fox
Member # 1081
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posted
i figured ide see what people would say on here. ya i should have just said fuck it. but we talk to this lady all the time even have a house key. we watch over her house as she lives a hr away. i was just looking out for thouse and was trying to be a gud person and help everyone out. i know i was wrong in the fact of cashing it. im not worried bout jail i just dont want a theft charge on my background check. as ilike having good jobs instead of jack in the box or such. seeking legal advice on this site is prob good as most of you are in the bay area and are bunch of crooks or know someone. not everyone on this site is perfect or bull shitting anyone. im sure half the cars stolen or parts sold on here are stolen or know something about them. alot of people know this is true and it is sad. any one else have any thoughts
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i walk around....dont drink and drive
Posts: 2957 | From: cali | Registered: Mar 2002
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Venomized93
Founding Member
Member # 55
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posted
Anyways........ where did you cash the check?
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2018 Tesla Model 3 Performance
Posts: 2077 | From: San Francisco, California | Registered: Oct 2000
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Yaterstang
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Member # 7659
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posted
your fucked, take the plea bargain hope you can get a suspended sentance so that way you can get it removed later because a theft charge whether its a misdomeanor or felony is suicide in the job market. you'll be working for taco bell forever if you go to court.
Posts: 2968 | From: Natomas | Registered: May 2007
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SlowStockFox
Stock Fox
Member # 1081
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posted
i called the bank and explaned it to them and they wouldnt release it to me. i told the officer and he never even got the check or went to the bank. so in court they cant prove the amount or get him his money or my neighbor her rack. it a stupid situation and i know cashing it was tupid but i was cashing it to take the money. i had the money for her. only reason i had was cause she said it was stolen and she never talked to the guy or made a deal with him. i knew i cashed it would be a hassel. shoulda just said look i cashed it and here is where i did it and heres the money but i waited a day.. anyways. should i try to fight it or take there lame ass deal. i dont mind what there giving me just the fines suck as i have a 7 month old and i dont want it on my record
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i walk around....dont drink and drive
Posts: 2957 | From: cali | Registered: Mar 2002
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N8
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Member # 6048
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posted
quote:
Originally posted by Yaterstang:
your fucked, take the plea bargain hope you can get a suspended sentance so that way you can get it removed later because a theft charge whether its a misdomeanor or felony is suicide in the job market. you'll be working for taco bell forever if you go to court.
Fucked up thing is, little shit like this can hurt you in the job market. This is a crime having to do with money and possible forgery. I wouldnt be worried about the 5 days. SHit I can do that standing on my head. I'd be worried about your record. If you are school age this could hurt you getting into college too.
Expensive 150 dollar lesson in minding your business.
Posts: 11638 | Registered: Sep 2005
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SlowStockFox
Stock Fox
Member # 1081
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posted
the bank was first federal. i live in WA now. well when i go to court and take the deal should i ask for some kind of diversion or where it gets dropped if i take care of the fines and community service. do you think they will do it. i have no record. i just think this is kinda stiff for the offense. my nieghbor is willing to go to court also.
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i walk around....dont drink and drive
Posts: 2957 | From: cali | Registered: Mar 2002
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SlowStockFox
Stock Fox
Member # 1081
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posted
like i said jail dont bug me at all. i just dont want this on my record at ALL.
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i walk around....dont drink and drive
Posts: 2957 | From: cali | Registered: Mar 2002
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Venomized93
Founding Member
Member # 55
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posted
When was this check cashed?
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2018 Tesla Model 3 Performance
Posts: 2077 | From: San Francisco, California | Registered: Oct 2000
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Yaterstang
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Member # 7659
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posted
do whatever they ask you to do to get it removed from your record, even if you have to sleep in jail for a month.
Posts: 2968 | From: Natomas | Registered: May 2007
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JohnB
Tech Moderator
Member # 969
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posted
quote:
Originally posted by SlowStockFox:
any one else have any thoughts
From what you've posted, that's check fraud/forgery. Plain and simple. You cashed the check, after writing your name on it, and then lied about it. Nevermind you sold something that wasn't yours.
Kiss some serious ass, take the plea, and do your community service. Hope that it doesn't effect you in the long run.
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1965 Shelby Cobra
1993 Cobra
2012 F150 Raptor
2020 GT500
Posts: 6525 | From: Orlando FL/Redding CA | Registered: Mar 2002
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N8
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Member # 6048
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posted
quote:
Originally posted by 50Reasons:
If your not guilty fight it don't take a plea bargain it looks bad when you take the deal, fight!
He is guilty tho.
Posts: 11638 | Registered: Sep 2005
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Yaterstang
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Member # 7659
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posted
yeah he is guilty, the prosecution would like to avoid a trial too and will probably offer a suspended sentance.
Posts: 2968 | From: Natomas | Registered: May 2007
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gercolla1
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Member # 3068
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posted
legal advice.. dont do anything ilegal:patriot:
[ July 23, 2010, 08:06 PM: Message edited by: gercolla1 ]
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Sf Bay Area
Posts: 2171 | From: Sampan San Francisco | Registered: Jul 2003
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SLPR93
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Member # 8769
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posted
tweakin ![[burnout]](graemlins/burnout.gif)
Posts: 1269 | From: modesto | Registered: Nov 2008
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306Coupe
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Member # 4988
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posted
i would pay the neighbor $300, have her sign off on it as well as writing a letter on your behalf. Take it to court and see how it goes. You could also request a jury of your peers instead of standing in front of the judge and be judged be him alone (I believe).
It's best not to have it on your record at all
[ July 23, 2010, 08:24 PM: Message edited by: 306Coupe ]
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1987 Coupe- Not stock
Posts: 2039 | From: Rocklin | Registered: Oct 2004
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BIGBALLFACTOR
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Member # 7277
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posted
quote:
Originally posted by 306Coupe:
i would pay the neighbor $300, have her sign off on it as well as writing a letter on your behalf. Take it to court and see how it goes. You could also request a jury of your peers instead of standing in front of the judge and be judged be him alone (I believe).
It's best not to have it on your record at all
^^^^ THIS WHAT I WOULD DO TRY TO WORK IT OUT WITH YOUR NEIGHBOR B/C SHE IS THE ONE THAT IS PRESSING CHARGES.
Posts: 6908 | From: okc | Registered: Dec 2006
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Yaterstang
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Member # 7659
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posted
DA's probably pressing the charges, they review police reports and can come at anything they want.
Posts: 2968 | From: Natomas | Registered: May 2007
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BIGBALLFACTOR
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Member # 7277
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posted
quote:
Originally posted by Yaterstang:
DA's probably pressing the charges, they review police reports and can come at anything they want.
FOR SOMETHING THIS SMALL I REALY DOUBT THAT
AN TO THE OP WHAT STATE DID THIS HAPPEN IN
Posts: 6908 | From: okc | Registered: Dec 2006
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Yaterstang
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Member # 7659
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posted
He's a fucking thief and a liar, he should go to jail. I don't care how familiar we are, nobody better be cashing my checks for me!
Posts: 2968 | From: Natomas | Registered: May 2007
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