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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11714
Experience:  19+ Years of Legal Practice in Criminal Law.
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The question is regarding Felony Bad Check. In 2005, I had

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The question is regarding Felony Bad Check. In 2005, I had moved from Virginia to Michigan. I had to repay a loan to a friend and gave him a check. That check bounced because my account was closed or due to insufficient funds due to my move. The bank or he (I am not sure) filed police report against me. Now, during my immigration interview this was brought up and I was made aware that I have an outstanding warrant against me in Virginia. How do I resolve this issue? Also, if a check is given for a repayment of a loan, can there be criminal charges filed? The reason being, on th einternet I came across a law which states that, "Payment of antecedent debt - a check which represents
payment of an antecedent debt (e.g. - repayment of a
loan or payment on an account) may not be prosecuted
criminally." Please advise me on the same ASAP. Thanks, Snehal
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 5 years ago.
DearCustomer <br /><br />Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question. <br /><br />
<br /><br />You will need to address the warrant in Virginia. Generally, criminal charges for a bounced check require that you knew the check was not good at the time you wrote it (or if you knew it would not be good upon negotiation). Thus, if you didn't know, and if you can convince a prosecutor of that, you may be able to resolve this without a lesser or no charge. I strongly urge you to retain a criminal defense lawyer for this, particularly in light of your immigration status. As for what you read about on the internet, you misunderstood, I think what you read is with regard to failuer to pay on an antecedent debt is not a criminal act, it is a civil act. Ergo, you can not be criminally charged for failure to pay the debt, but you can be sued civilly. However, here, you were not criminally charged with failing to pay a debt, but for writing a bad check. <br /><br />Sincerely, <br /><br />Stephanie O. Joy, JA Legal Expert <br /><br />Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I’ll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day’s end it will be done.

________________________________________
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. This will not cost you anything, if you already deposited to the company for this service. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post.   Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!

Sincerely,

Stephanie Joy

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

Customer: replied 5 years ago.

Hi Stephanie,

 

I talked with the detective and also with the person whom I owe the money. The person is ready to accept the money and drop the charges. The detective says that if he does not press charges, then he might be able to go to district attorney's office and get the charges dropped and there will not be any warrant against me further. I would like to get your advise on this aspect. Also, he can provide me with a document which would state that there are no charges and/or warrant against me.

 

Do you practice in Virginia? If I like you, can I hire you as my criminal lawyer?

 

Thanks,

 

Snehal

Expert:  AlexiaEsq. replied 5 years ago.

Hi snehal,

 

I'm sorry, no, I don't practice in Virginia except for Social Security Disability cases and, FYI, we here at JA are not permitted to represent JA customers outside of this forum. We are only allowed to give legal info, not legal advice, etc. etc.

 

However, in terms of basic info, I am so glad you have made some positive headway! If you can achieve what you have described, that is absolutely the best result, so go for it! You might want to see if you can get an attorney to handle this resolution for you, to ensure it is carved in stone, I wouldn't want to see the VA officials pull a fast one on you. I am NOT saying they would do that, but I have seen people thing things are getting dismissed only to find out that it was not in writing and it was not so. Of course, your former friend withdrawing his charges could be very helpful.

 

I wish you the very best here!

Customer: replied 5 years ago.

Hi Stephanie,

 

Can you please elaborate on VA officials pulling a fast one? What exact;y does this mean? Also, if the person does not press futher charges, then can th epolice press charges on their own? Can a judge refuse to dismiss charges if the person does not press charges?

 

Thanks,

 

Snehal

Expert:  AlexiaEsq. replied 5 years ago.
Yes, crimes are generallly, "The State of Virgia v. Snehal", not, "Snehal's Friend v. Snehal" (unlike civil suits, which would be the personal civil suit or your friend, against you). Therefore, the state, generally via the prosecutor, makes the ultimate decision, whether to drop it or not. Thus, while you don't really have any power to enforce his (the detective's) promise that he will drop the charges, and it is ultimately the decision of the prosecutor, I do believe the prosecutor will likely take the detective's opinion to heart, but not necessarily. So you will partly have to go on faith. Now, if you friend refused to assert anything other than it has no come to his attention that you really didn't know the funds wouldn't clear when you wrote the check, and if, in fact, he testified that he knew this because even back then, when he called you about the bounded check, you expressed dismay and confusion, this would be evidence that would not support a conviction IF the prosecutor still want to presecute. Felony charges are serious, so please be careful. When I said "pull a fast one", I meant, not do what you seem to have been impressed that they will do (drop the charges) to your detriment. Since they have the power here, you are somewhat at their mercy. So, to reiterate, they can still press charges withour your friend's testimony, but I think they will have a harder time getting a conviction. They may not want to spend the taxpayer's $$ on prosecuting also, since there is now NO VICTIM to speak of, since you will have paid your friend and he no longer wants to press charges. I do think it will likely go your way, with no charges, but you can not be sure.
Customer: replied 5 years ago.

Hi Stephanie,

 

Thanks for all your replies. I am liking you even better!

 

I have one more question though. Also, I would be happy to know your expectations for the time that ypou have spent for me.

 

Would this be considered as a moral turpitude from immigration point of view even if the charges are dropped? I mean, I pay the person, he does not want to push charges and say, if the prosecutor also decide to drop charges, then when they report back to immigration, would they consider this a moral turpitude and deny a green card? So, my question is thhat wpould moral turpitude hold good in the event of dropped charges?

 

Thanks,

 

Snehal

Expert:  AlexiaEsq. replied 5 years ago.

Dear snehal,

 

My expectations are that you do what strikes you as the appropriate thing to do, in your circumstances, for what you feel you have received. And thank you for the kind words :)

 

As for the moral turpitude, I am not an immigration lawyer, so I can not so say, however, I highly doubt it would constitute moral turpitude. I think immigration will simply realize the charges were dropped and that would be it. I mean, you were not convicted if they drop it, which means it could not even be established by ANY entity with any level of proof that you were guilty of anything. Not to mention, I'm not convinced that this type of crime, even if convicted, constitutes 'moral turpitude.' Rape, murder, that is moral turpitude -writing a bad check? Not. But again, you want to seek an immigration attorney for that - at least a consult. Incidentally, although you can't be represented or receive legal advice her, we do have an immigration section you could pose that question too.

 

Stephanie

AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11714
Experience: 19+ Years of Legal Practice in Criminal Law.
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