Legal Question in Criminal Law in California

check defacing

my ex wrote me a check for $1,000

in the memo he wrote I love you.

I deposited this in my personal checking account. this is a gift.

i have a house that we both put money into and he wants out and of course his share of the money.

his attorney provided me copies of all cancelled checks including the one I described above.

no that check shows an additional written DHS at the bottom next to the I love you making me think this is part of the house money he put in, but in fact, it is not. I retrieved a copy of the original cancelled check, and it only reflect I love you.

I believe he has delibertly defrauded the check so he can try and get an additional $1,000.

is this forgery? or what do you call this. thanks

Asked on 5/29/08, 1:53 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: check defacing

If it goes to court, let them offer the altered I Love You check in evidence. You can then offer the original canceled check, and this will be very embarrassing for your ex and his attorney when you do the Perry Mason cross-examination:

Q: May I approach the witness? Do you recognize Exhibit #15 (the altered check)?

A: Yes.

Q: And this is the check that she wrote you for part of the down payment?

A: Yes.

Q: And does this "DHS" down here at the bottom, what does that mean?

A: It means it was for the down payment.

Q: Is it your testimony that she wrote "DHS" at the same time she wrote "I love you," or were they written at two separate times?

A: At the same time.

Q: Do you recognize this check? (You whip out the original canceled check.) May I have this marked for identification. Isn't it true that you altered this check so you could use it as false evidence in this case?

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Answered on 5/29/08, 2:24 pm

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