Legal Question in Criminal Law in Massachusetts

I was given permission by my friend to sign his check to withdraw cash while he was abroad, however, my friend forgot that he had given me permission and told the bank that he did not know who withdrew the money. At that point, I was charged with forgery and I called my friend to notify him and he recalled that he had given me permission and did not want to press any charges. However, my court date is coming up this week and the bank refuses to remove the charges - will a signed affidavit and his presence testifying at my court hearing clear this matter?

I am an exchange student from Europe and money from my parents would be wired to my friend's account and he would then withdraw the wired amount and give it to me, but since he was abroad he told me to go ahead and withdraw cash by signing his name on his check. I don't know why or how he did not exhaust his options before claiming that it was fraudulent activity (the check was made out to cash so my name was not on it and therefore he had no way of knowing).

Basically, would a notarized and signed affidavit including his presence in court to testify if need be, clear this matter? or is this the state charging me with forgery because of misunderstanding?

Thank you!


Asked on 5/10/11, 1:41 pm

1 Answer from Attorneys

William Harrington Law Office of William T. Harrington

Without knowing how much the check was for, it is tough to predict. You should hire counsel. You have to make sure that the way the case is disposed does not impact your ability to stay in this country.

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Answered on 5/10/11, 2:49 pm


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