I have court tomorrow, and I don't know what to do. I basically wrote a bad check for $100 2 years ago, not purpously but I know in the laws...

Question

I have court tomorrow, and I don't know what to do. I basically wrote a bad check for $100 2 years ago, not purpously but I know in the laws eyes, a bad check is a bad check, regardless. I moved and never even thought twice about it, I had closed the bank account due to fraud at that time and completely forgot about the check. Then one day, I get pulled over and BAM I have a warrant for it. I went to jail and got a bondsman to get me out for the bond of $358 and tomorrow is my arraignment. I am not sure how to plead or what I should say...can someone help me?

Answer

Many times the State will dismiss the case if you pay restitution (cost of the check plus the stores fees plus the prosecutors' office fees) up front. Also, if you have proof that you closed the account because of fraud, you should bring that with you.

Answer

A bad check is considered a theft case. Therefore, many times if you pay the check amount and the stores costs you may be entering a guilty plea. If you are concerned about the case becoming a part of your criminal record, I suggest that you retain an attorney and if you cannot afford an attorney ask for one to be appointed to you. You need someone to assist you with taking care of this matter without creating a criminal record or without disposing of the case in a manner in which you will not be able to clear your record at a later date. You must keep in mind that when you are negotiating with a prosecutor, you are negotiating with someone that is trained in the law and who is under no obligation to give you legal advice about what your best options are to protect your rights and preserve your future.

If you show up in court without a lawyer for your arraignment the Court will usually give you a continuance to hire an attorney or allow you the opportunity to apply for a court appointed attorney.

Generally, I usually set my client's theft by check cases for trial and have had a 100% dismissal rate due to the fact that I know what the rules of evidence are as it relates to these types of cases.

Good luck!

Answer

Do not try this without an attorney. There are a lot of options that can help you but the prosecutor does not have to discuss all of them with you. Actually, in most counties, the court will make you get an attorney. If we can help you, please let us know. (817) 336-8500.

Bob Leonard, Jr.