What can I do if I think the state ruined my life forever for giving me such judgement? 12 Answers as of October 14, 2012This took place 3 yrs ago. I was expecting an insurance check in the mail. So when I got one for $10,000 I was so happy I put it in my account let it sit . Then I wrote like 4 or 5 checks thinking everything was ok. We never would I think that was a fraudulent check. So in trouble for my checks I never did it with a bad intentions . Long story short I spent 6 months in jail and have to pay about $6,000 and five years on probation. In court the public defender has a copy of my check I still have all this. My live is over it ruined everything.
The Law Offices of John J. Carney Esq. | John J. Carney
I do not know the facts of your case, or if you spent 6 months in jail waiting for trial or a plea or were sentenced to 6 months and probation. You should have your lawyer explain why you were guilty and why it was not some innocent mistake. You should have noticed if the check was not from the insurance company, and I must assume that it was not. Perhaps you did not have the restitution because you spent the $10,000 and that is why you got a jail term, or maybe you have a prior record. Either way you life is not ruined, you will simply have to deal with having a criminal record. You can still start a business or do many things. You do not have an unsolvable problem or a life-threatening disease, you have a legal problem that you have dealt with and will have to continue to deal with. If you had retained a good lawyer you probably would have gotten straight probation, but apparently you spent the money you received from the fraudulent check. There is much more to the story than you are telling me, and I assume that you were guilty of some crime since you were convicted. Therefore it was not the fault of your lawyer or "the state" unless you were totally innocent, which I find hard to believe.
Answer Applies to: New York
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
When you received the insurance check you should have know how much it would be for and who it was from. If the check came from less than a reliable source they you could have questioned it. This is a good example of the old saying "If it sounds too good to be true, it probably is." You certainly find yourself in a bad spot but your life is not over. You will have to work through this and then start over. Others have done it and so can you.
Answer Applies to: Michigan
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Since you did not ensure that the check would clear first before writing checks against it, you were in the wrong, albeit not intentionally defrauding/hurting others.
Answer Applies to: Pennsylvania
Lawrence Lewis | Lawrence Lewis, PC
You deposited a $ 10,000 check and started spending the money, when you had no idea where the money came from. You were expecting an insurance check, and did not look at where the check came from? Then you indicate "we". So, there was someone else living with you, who also never looked at the check, or confirmed that the check came from the insurance company? You were then arrested, and either not given a bond, or could not make bond. Cannot imagine why you would not have gotten a bond (or a high bond), unless your criminal record was sketchy. Then you entered a guilty plea in order to get out of jail. Now, you indicate that your life is ruined? Your life was ruined when you were NOT educated properly, PERIOD.
Answer Applies to: Georgia
Andersen Law PLLC | Craig Andersen
Read your deposit agreement. Credits on a deposit are provisional until funds are verified. On a large deposit, it may take longer. If the settlement was for an auto accident, it should have come with a release. If you failed to sign and return the release, the check would have been invalidated. If you plead guilty, you stood in front of a judge and swore you committed the crime and that you were pleading guilty voluntarily. You may be able to withdraw your plea if it was recent. The only other option is to file a petition to vacate and dismiss the case after five years. As far as a lawsuit goes, the statute of limitations is three years. Your claim will probably fail because of immunity on the part of the government.
Answer Applies to: Washington