Check fraud and conspiracy charges

[Alostmom]

My daughter worked for a guy that paid her with checks that were from a fraudulent bank account. The checks bounced and she is now in jail for check fraud and conspiracy, the state is saying she knew the checks were fake. The guy who did this is saying he will testify that she didn't know anything about it. Her court appointed lawyer days that the guy does not need to testify and that she should accept a plea bargain. She is 19, with no criminal background. Her lawyer will said he will not call the check fraud guy to testify and that he is not allowed to have contact with that guy because the lawyer represents her. How does she go about getting the check fraud guy to be at her hearing and testify, and is her lawyer doing his job or should she request a new one? Does she have to do that at her hearing or is there a way to do it before then? Thank you very much for your time and knowledge!

 

[army judge]

My daughter worked for a guy that paid her with checks that were from a fraudulent bank account. The checks bounced and she is now in jail for check fraud and conspiracy, the state is saying she knew the checks were fake. The guy who did this is saying he will testify that she didn't know anything about it. Her court appointed lawyer days that the guy does not need to testify and that she should accept a plea bargain. She is 19, with no criminal background. Her lawyer will said he will not call the check fraud guy to testify and that he is not allowed to have contact with that guy because the lawyer represents her. How does she go about getting the check fraud guy to be at her hearing and testify, and is her lawyer doing his job or should she request a new one? Does she have to do that at her hearing or is there a way to do it before then? Thank you very much for your time and knowledge!

If I were advising your daughter, I'd simply tell her to fire her current lawyer.
That's very easy to do.

All she needs to do is write a letter to her lawyer and send a copy the judge informing the lawyer that she feels he isn't representing her interests properly, advising her to accept a plea deal, denying her her basic right to a jury trial, and not acquiescing to her desire to call certain witnesses to testify at her trial. Based on their differing approaches to her case, she asks him to resign, and/or the judge to remove him as her appointed counsel and to appoint a new defense attorney.

As far as her lawyer doing his job, there's no way anyone can say. We don't have enough information to comment. I can say I see nothing the lawyer is advising as troubling. He has seen evidence she hasn't seen. That's normal in these cases, and as these cases develop.

I suspect the lawyer feels the guy your daughter wants to call might deny that your daughter was as uninformed as she claims. That happens regularly in these cases. His story could be more believeable than hers, making her look guiltier than she is. It's always a toss up and a judgement call.

Bottom line, she has the right to fire him. She has the right to ave another attorney substituted in for him, or you coud hire her a lawyer.


As this is a federal case, this happens regularly in federal cases. Federal criminal cases are very difficult to try. They are significantly more complicated than state cases. When the issue of RICO (conspiracy cases) rear their ugly heads, that complicates matters significantly. The Feds are also prone to issuing superseding indictments that snare more conspirators. Those superseding indictments also add additional charges.

Federal prosecutors aren't reticent to pile more charges on top of previous charges, overwhelming defendants with mountains of charges. That can be very troubling.

The good news for a person like your daughter, one with no criminal history, is if convicted they tend to get probation. They also tend to get rehabilitated, if they want to change their lives.

In many cases, serious charges can often be plead into misdemeanor offenses. This allows people without criminal histories, or young defendants to avoid felony convictions. In some cases, people like your daughter could walk away with probation on a misdemeanor offense, a diversionary opportunity, and in time the matter can be expunged. In federal cases, expungements do work to cleanse the stain.


Good luck.

 

[Alostmom]

Thank you for your advice. I am very greatful!

If I were advising your daughter, I'd simply tell her to fire her current lawyer.
That's very easy to do.

All she needs to do is write a letter to her lawyer and send a copy the judge informing the lawyer that she feels he isn't representing her interests properly, advising her to accept a plea deal, denying her her basic right to a jury trial, and not acquiescing to her desire to call certain witnesses to testify at her trial. Based on their differing approaches to her case, she asks him to resign, and/or the judge to remove him as her appointed counsel and to appoint a new defense attorney.

As far as her lawyer doing his job, there's no way anyone can say. We don't have enough information to comment. I can say I see nothing the lawyer is advising as troubling. He has seen evidence she hasn't seen. That's normal in these cases, and as these cases develop.

I suspect the lawyer feels the guy your daughter wants to call might deny that your daughter was as uninformed as she claims. That happens regularly in these cases. His story could be more believeable than hers, making her look guiltier than she is. It's always a toss up and a judgement call.

Bottom line, she has the right to fire him. She has the right to ave another attorney substituted in for him, or you coud hire her a lawyer.


As this is a federal case, this happens regularly in federal cases. Federal criminal cases are very difficult to try. They are significantly more complicated than state cases. When the issue of RICO (conspiracy cases) rear their ugly heads, that complicates matters significantly. The Feds are also prone to issuing superseding indictments that snare more conspirators. Those superseding indictments also add additional charges.

Federal prosecutors aren't reticent to pile more charges on top of previous charges, overwhelming defendants with mountains of charges. That can be very troubling.

The good news for a person like your daughter, one with no criminal history, is if convicted they tend to get probation. They also tend to get rehabilitated, if they want to change their lives.

In many cases, serious charges can often be plead into misdemeanor offenses. This allows people without criminal histories, or young defendants to avoid felony convictions. In some cases, people like your daughter could walk away with probation on a misdemeanor offense, a diversionary opportunity, and in time the matter can be expunged. In federal cases, expungements do work to cleanse the stain.


Good luck.