Can you still be charged for cashing a stolen check even though the victim their money back?
Question Details: I got conned into cashing a check that was stolen but the person got their money back from the bank. Can I still be charged? I got a hold of that person and told him what happened with his check. He said that he wasn't going to press any charges.
Yes, you can be charged: repaying the victim does not make a crime not a crime, otherwise everyone who steals in any fashion (by fraud, by deception, by burglary, by robbery, etc.) would simply repay their victim and avoid punishment. Once a crime is committed, it was committed, regardless of what happened later.
1) It's only a crime if you had criminal intent. If you knew or logically should have known the check was stolen but cashed it anyway, that would be criminal; if you reasonably thought the check was not stolen (e.g. that someone had voluntarily endorsed it over to you; that the person who gave it to you had authority to write from that account; etc.) that is not a crime.
2) Even if it was criminal, if the victim does not go and press charges, there is almost no chance that this will come to the authorities' attention or that you will be charged. They don't go actively looking for things like this.