Legal Question in Banking Law in Illinois

will they filey charges automatically?
my daughter had some equity credit put into my account. then wrote checks from my account to herself. we caught her. the bank asked if i wanted to press charges.. i said no. they said they still had to notify the states attorney, will they still press charges even though i said no.. they said it was bank fraud. we are handling it at home. we have a re-payment plan set and she is seeking counseling. they (the bank) arent telling us anything about it. please reply..
sad mom

Asked on 11/25/06, 6:49 pm

Zedrick Braden III Ainsworth & Associates PC

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0 attorneys agreed

Re: will they filey charges automatically?

Hello. The decision as to whether to bring

charges against your daughter will be up to the

Office of the State's Attorney. Typically, this

case would warrant a felony charge, assuming more

than $300 is involved. In my opinion after over

20 years of practice, the State will not bring

charges against your daughter, unless it believes

there is no reasonable doubt that she is guilty.

I suggests that you and your daughter refrain

from making any statements to the police, the

bank or the State's Attorney, without consulting

a lawyer first. You want to keep this situation

under control. In this situation, silence is

golden! I will be happy to answer any additional

questions that you may have.

Answered on 11/25/06, 7:08 pm

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