Question

  11/04/12, 4:04 pm
I have a situation where I was asked by a friend to deposit a check into my account for the amount of $1951. He told me that he would give me $400 for depositing it. The check was not written in his name, but another personthat I do not know. She also signed the check. I gave him $1500 and the remainder of the check stayed in my account. The next day my account was blocked. Upon further research I found out that the check was fraudulent. I went to the police and filed a police report and gave my friends name as well as the person on the check. My friend says he had nothing to do with the check and had no idea that it was fraudulent and now he is going to be in trouble for something he did not do, He wants me to clear his name, so I suggested that he sign a promissory note, so that I could prove to the police that he was cooperating with me. In the note it states that it is not an admission of guilt, but that he is only paying it back in good faith and to repair our relationship. He says that if he signs it that he is admitting guilt to the crime and it is like taking a plea bargain. I'm wondering if this is true, because I really want to believe he is telling the truth, but I have no clue if him signing the promissory note will help or not
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United States   |   California  |  Criminal Law
Cost: Free

Answer

Joe Dane Says:

Nov 07,2012 3:20 PM

You two stand a good chance of making this worse for both of you the way you're going about things. Criminal charges are not a do-it-yourself project. I'd strongly suggest that you speak face to face with a criminal defense attorney about your liability. Your friend also needs counsel - but independent from yours, as it would be a conflict of interest for one attorney to represent both of you in this situation.

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Joe Dane
Law Office of Joe Dane
17581 Irvine Blvd., Suite 108,Tustin, CA 92780
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