I need to obtain a criminal attorney?
my husbands ex-wife who forged his name and cashed a large check. She lives in Texas and we live in California. In which state do i need to get an attorney.
she sold and cashed out his shareholdings, she was able to do this she had his s.s. number, birth date and all the information they needed. The check was cashed at her bank in Texas forged his name and signed her name. I do have a copy of the check .
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Report it to the bank. They should handle it.
Start by calling a Texas firm and see what they recommend a bigger one may have reciprocity with a local firm.
local phone book
Isn’t “criminal attorney” redundant?
Where did the crime occur? That is the best place to get the attorney from otherwise you’ll end up paying for travel expenses.
the state you live in
I would say Texas, but if that’s a federal crime then I don’t think it would matter which state.
well if she stole the check in calif , file a stolen report there
I would first of all call the police. That is a felony and they will be glad to arrest for that. Next, call a local attorney. They will be able to tell you who has jurisdiction over the case.
where did she cash the check? That’s where the Fraud took place. You’ll have to call an attorney there to figure out the jurisdiction and such.
call the police in the town that his EX is from IF that is where she cashed the check.–explain that she committed FORGERY (if it was a large check, the crime becomes a FELONY—I think the check has to be over $1000 for that–under would make it only a misdemeanor)…. Ok your husband will probably have to have the locals or STATE POLICE in Texas make an arrest warrant for the forgery….you would also have to get a copy of the check SHE SIGNED YOUR NAME TO which shouldn’t be hard because the bank would have it….and let the police take care of it—and then the EX would be responsible to get her OWN lawyer and YOUR “lawyer” would then become the DISTRICT ATTORNEY who would prosecute her case…
The judgment would come easy in California but has little power. A judgment in Texas has teeth. If you can present the proof the district attorney is free and can get results. Texas all the way.
Most attorneys are criminals, so it shouldn’t be too hard to find one…..
BUT, you don’t need to hire a Criminal Attorney. She needs to hire a Criminal Attorney once she is charged with the crime. You can’t charge her with a crime – only the DA does that.
If you don’t care whether or not she goes to jail, but you just want your money back, then you need to hire a Civil Attorney (most attorneys are not very civil… (bet you saw that one coming a mile away)) and sue her for the money she took from you in a civil court in HER jurisdiction (where she lives).
Hopefully you reported it with your police department… You need to talk to them first. Then they can direct you in the right place.
The state where she did it is the one that will have jurisdiction, but if it’s a criminal case, that will be up to the prosecutor’s office. You won’t need a lawyer for that, but if you suffered damages because she did it, you should get one and sue her personally.
(By the way, I think that many lawyers are criminals, even if they don’t take criminal cases–that’s why I don’t practice anymore).
The best bet is to report this to the law enforcement agency where it occured. Contact your bank, and report the fraud. They will ask you to sign an affidavit saying it is a fraud. Then go (or most of the time you can call) the police agency where she did this. They will need a copy of the bank affidavit.
This is becoming more common, and most banks try to protect their customers from this.
If the check was cashed in TX then it is up to the TX authorities to prosecute the offense. As for you a criminal attorney is not what you need but rather a civil attorney licensed to practice in TX to sue to recover your capital (if he/she is licensed in CA too it would be an added bonus just in case there were any complications).