Legal Question in Criminal Law in California

Re: check fraud

If what you said is true you are not guilty of check fraud.

However, proving it is another matter.

The fact that you didn't work for the company, that the check was stolen from, supports your story. I suspect that the police will want to talk to you. And that presents a problem.

If the police believe you, they will want to use you as a witness. If they don't believe you, they can misconstrue every thing you say, and use it later at a trial to help convict you.

So if you're interviewed by the police you have to make a decision to talk to them not talk to them.

I've seen it work both ways. I've seen clients talk to the police and the case (at least that part of the case that involved them) dropped, and I've read numerous police reports in which my client's said the things that were in the police report didn't happen that way. The police had misconstrued the things the client said.

So you may want to take the middle ground, i.e., tell the police just what you told me and no more; or as an alternative wait until the charges are filed, and talk to the D. A. through your attorney.

Please read the other attorneys' replies