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 Post subject: selling a tv got scammed. charged with a felony.
PostPosted: Mon Sep 17, 2007 4:10 pm 
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Joined: Mon Sep 17, 2007 4:04 pm
Posts: 12
i was selling a tv and this guy "richard davies" wanted to buy it.
he sent me a cashiers check and i cashed it at the local drive thru.

i tried to wire him the money and didnt know i had to save the receipt.
i ended up sending him a money order back for the full amount because he was being really annoying with the nonstop emails and they couldnt pick it up with just there ID even though moneygram said they could.
then a week later the police came to my door and charged me with Felony Theft.
http://codes.ohio.gov/orc/2913.02

now the guy at the drive thru is willing to let me make payments and the police officer says if i work it out with the guy at the drive thru that he will drop the charges.

if i dont work it out soon my court date is thursday.
i have a 100% clean record and plan on going to a trade college soon but i dont think anyone will hire me if i end up with a felony on my record.

my question is how do i know that the charges will really be dropped and/or not filed again later.

also the cops were very nice. i was never arrested or read my rights they just dropped off the paper for my court date and told me i should work it out with the drive thru.


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 Post subject: Re: selling a tv got scammed. charged with a felony.
PostPosted: Tue Sep 18, 2007 8:27 am 
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Joined: Mon Sep 10, 2007 10:50 am
Posts: 291
Location: WI
hulkhelton wrote:
i was selling a tv and this guy "richard davies" wanted to buy it.
he sent me a cashiers check and i cashed it at the local drive thru.

i tried to wire him the money and didnt know i had to save the receipt.
i ended up sending him a money order back for the full amount because he was being really annoying with the nonstop emails and they couldnt pick it up with just there ID even though moneygram said they could.
then a week later the police came to my door and charged me with Felony Theft.
http://codes.ohio.gov/orc/2913.02

now the guy at the drive thru is willing to let me make payments and the police officer says if i work it out with the guy at the drive thru that he will drop the charges.

if i dont work it out soon my court date is thursday.
i have a 100% clean record and plan on going to a trade college soon but i dont think anyone will hire me if i end up with a felony on my record.

my question is how do i know that the charges will really be dropped and/or not filed again later.

also the cops were very nice. i was never arrested or read my rights they just dropped off the paper for my court date and told me i should work it out with the drive thru.


Once you sign a payment agreement it turns the matter into a civil matter so your charges will be dropped.


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 Post subject:
PostPosted: Tue Sep 18, 2007 10:18 am 
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Joined: Mon Mar 31, 2003 10:09 pm
Posts: 2921
hulkhelton
I noticed that you posted a link to Ohio law . . . if you live in Ohio I would recommend that you contact the Ohio Attorney General's office and let them know about your situation. I believe that there was another victim years ago charged in a similar situation in Ohio, and the AG's office was able to help them with court/legal issues.

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 Post subject:
PostPosted: Tue Sep 18, 2007 11:30 am 
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Joined: Mon Sep 17, 2007 4:04 pm
Posts: 12
thanks. i will do that. i hope that the charges will be dropped once i sign a payment arrangement.


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 Post subject:
PostPosted: Tue Sep 18, 2007 1:18 pm 
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Joined: Mon Sep 17, 2007 4:04 pm
Posts: 12
does anyone know where i can get or have a copy of a payment agreement i can take and edit to be used here?

this drive thru is run buy a middle eastern man that barely speaks english and i want to make sure that im covered here.


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 Post subject:
PostPosted: Tue Sep 18, 2007 1:40 pm 
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Joined: Mon Sep 17, 2007 4:04 pm
Posts: 12
the guy said no to the payment plan.


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 Post subject:
PostPosted: Tue Sep 18, 2007 3:09 pm 
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Joined: Mon Sep 17, 2007 4:04 pm
Posts: 12
also the attorney generals office said they cant help me at all that i need to get legal representation.

i guess at court on thursday ill be asking for a public defender.


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 Post subject: Re: selling a tv got scammed. charged with a felony.
PostPosted: Thu Sep 20, 2007 9:10 am 
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Joined: Mon Jul 09, 2007 4:19 pm
Posts: 171
russellj84 wrote:
hulkhelton wrote:
i was selling a tv and this guy "richard davies" wanted to buy it.
he sent me a cashiers check and i cashed it at the local drive thru.

i tried to wire him the money and didnt know i had to save the receipt.
i ended up sending him a money order back for the full amount because he was being really annoying with the nonstop emails and they couldnt pick it up with just there ID even though moneygram said they could.
then a week later the police came to my door and charged me with Felony Theft.
http://codes.ohio.gov/orc/2913.02

now the guy at the drive thru is willing to let me make payments and the police officer says if i work it out with the guy at the drive thru that he will drop the charges.

if i dont work it out soon my court date is thursday.
i have a 100% clean record and plan on going to a trade college soon but i dont think anyone will hire me if i end up with a felony on my record.

my question is how do i know that the charges will really be dropped and/or not filed again later.

also the cops were very nice. i was never arrested or read my rights they just dropped off the paper for my court date and told me i should work it out with the drive thru.


Once you sign a payment agreement it turns the matter into a civil matter so your charges will be dropped.


Not quite, if the store owner accepts any kind of partial payment then the case turns civil, you do not need the aggreement.


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 Post subject: Re: selling a tv got scammed. charged with a felony.
PostPosted: Thu Sep 20, 2007 11:23 am 
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Joined: Mon Sep 10, 2007 10:50 am
Posts: 291
Location: WI
reverse wrote:
russellj84 wrote:
hulkhelton wrote:
i was selling a tv and this guy "richard davies" wanted to buy it.
he sent me a cashiers check and i cashed it at the local drive thru.

i tried to wire him the money and didnt know i had to save the receipt.
i ended up sending him a money order back for the full amount because he was being really annoying with the nonstop emails and they couldnt pick it up with just there ID even though moneygram said they could.
then a week later the police came to my door and charged me with Felony Theft.
http://codes.ohio.gov/orc/2913.02

now the guy at the drive thru is willing to let me make payments and the police officer says if i work it out with the guy at the drive thru that he will drop the charges.

if i dont work it out soon my court date is thursday.
i have a 100% clean record and plan on going to a trade college soon but i dont think anyone will hire me if i end up with a felony on my record.

my question is how do i know that the charges will really be dropped and/or not filed again later.

also the cops were very nice. i was never arrested or read my rights they just dropped off the paper for my court date and told me i should work it out with the drive thru.


Once you sign a payment agreement it turns the matter into a civil matter so your charges will be dropped.


Not quite, if the store owner accepts any kind of partial payment then the case turns civil, you do not need the aggreement.


True, the agreement is more for the store owner incase the debtor stops paying (it holds up better in small claims).


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 Post subject:
PostPosted: Thu Sep 20, 2007 11:45 am 
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Joined: Mon Sep 17, 2007 4:04 pm
Posts: 12
on monday the guy agreed i could pay $100 down and $50 a week.
on tuesday he tried to demand $300 said that he wouldnt do any payment plan if i couldnt pay the down payment.
since my paycheck on monday was $150 and we had already talked it out he knew i wasnt going to be able to make that down payment.

at court today the judge reccomended i get a lawyer. i wont meet my lawyer until my next court date on the 4th.
but the guy from the public defenders office suggested they might drop it to a misdemeanor.

i would definately plead no contest to a misdemeanor but i will not plead to a felony.


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 Post subject:
PostPosted: Thu Sep 20, 2007 11:50 am 
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Gold Member

Joined: Mon Jul 09, 2007 4:19 pm
Posts: 171
hulkhelton wrote:
on monday the guy agreed i could pay $100 down and $50 a week.
on tuesday he tried to demand $300 said that he wouldnt do any payment plan if i couldnt pay the down payment.
since my paycheck on monday was $150 and we had already talked it out he knew i wasnt going to be able to make that down payment.

at court today the judge reccomended i get a lawyer. i wont meet my lawyer until my next court date on the 4th.
but the guy from the public defenders office suggested they might drop it to a misdemeanor.

i would definately plead no contest to a misdemeanor but i will not plead to a felony.


In all honesty, if you can prove you received no enrichment and sent away all the money they are going to have a hard time pinning anything on you.

If you had kept the money then the charge would stick. Hang in there, I think the court will drop the charges if you tell them you want to pay the money back.


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 Post subject:
PostPosted: Thu Sep 20, 2007 4:31 pm 
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Joined: Mon Sep 17, 2007 4:04 pm
Posts: 12
just wondering how i would prove it?
since i didnt know i was being ripped off i didnt save the emails or anything.


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 Post subject:
PostPosted: Fri Sep 21, 2007 9:48 am 
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Joined: Mon Jul 09, 2007 4:19 pm
Posts: 171
hulkhelton wrote:
just wondering how i would prove it?
since i didnt know i was being ripped off i didnt save the emails or anything.


You said you bought a money order? From where?


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 Post subject:
PostPosted: Fri Sep 21, 2007 11:08 am 
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Joined: Mon Sep 17, 2007 4:04 pm
Posts: 12
i bought em at the local dairy.
im trying to sell my computer and then im gonna make the down payment to the guy.

if that will really make it a civil case then i think its worth it to get it over with.


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 Post subject:
PostPosted: Fri Sep 21, 2007 11:38 am 
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Joined: Mon Sep 17, 2007 4:04 pm
Posts: 12
i listed both mine and my wifes computers on craigslist and the same guy emailed me from the same email address.

is there anyway i can get him caught?


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