Is it a crime that my son's father open a junk mail check for 10.00 made out to my son and cashed it without my son knowing or even still living at the residence?
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Answer:
In order to properly answer this question it is necessary to know three facts that the questioner does not include - - (1) Was the 'junk' mail addressed specifically to her son (or simply to "occupant")? (2) Was the check made out specifically to her son? (3) Is her son a minor or an adult? If the child is an adult; If it was addressed to him, the father (a) violated US Postal Regulations by "intercepting" someone else's mail. (b) Committed forgery by endorsing your son's name. (c) Committed uttering by cashing it and, (d) theft by keeping the money from the check. If the child is a minor - no offenses occurred - period. Parents and guardians are deemed to be acting in the child's best interests and are not subject to prosecution for controlling the child's mail and finances.
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