What can i do. i was charged with two uttering a forged instrument and one grand theft..a son stole and forged his fathers check

Asked over 1 year ago - Titusville, FL

did some work cutting trees for a client and was paid by check. half on beginning and the rest plus tip on completion. the clients name was known to me as mike.F and on the check was charles.F i believed that the difference was just someone that preferred to be called by his nickname.months later i get served a capias warrant and find that the checks were forged. from what i was told Mike is the son of Charles and charles did not know of them. mike swore to his father and the cops that he did not forge them.. the total sum of money was just over 700. i have been put on pre trial intervention but cannot pay what i was ordersd which in total is 2800.00+ i truly believed that the checks were his . i showed proof of my work where trees has been cut but i couldnt get the case dropped????????

Attorney answers (3)

  1. Richard Earl Hornsby

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . You are in a Catch-22, because good faith belief/innocence is an obvious defense to the crimes. The easiest way to prove who wrote the check would be to obtain hand writing samples, but that costs money, as would hiring a new lawyer. Plus if you drop out of PTI, then you risk the possibility of jail at trial, whereas now you guaranty a dismissal upon completion. Tough choices.

  2. Colleen M. Glenn

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . In my opinion it is Mike that owes Charles the $2800, not you. I agree with the suggestion of a handwriting analysis done. They can be expensive however if you cannot afford to get that done an attorney can file a Motion for determination of partial indigency for due process costs for you. If that motion is granted then you can get the analysis and the state will have to pay for it. You also want to make sure that any proof you have that the trees were cut is filed in reciprocal discovery.

  3. Mark H Randall

    Pro

    Contributor Level 15

    Answered . Ouch!!! I know the tree business is very tough. If they bounce you out of the PTI program for non payment your case will go back before the judge assigned to your case and the State Attorney will prosecute you. It sounds like you have defenses. Did you have an attorney? If you did, you may want to contact him again. I know that it will cost you more than $2800.00 to prepare a defense and go back to court. You need to consider the costs. It sounds like a "no win" situation. Call me at 407-831-3434 if you want to my help.

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