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Ask Hammer O'Justice Your Own Question

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3985
Experience:  9 years legal experience, primarily in criminal justice
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I have questions about a bad check defense.

Resolved Question:

I have questions about a bad check defense.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.
What's your question? Where are you located? Thanks.
Customer: replied 5 years ago.

See added info.

 

Customer: replied 5 years ago.

I guess I am just waiting now?

Expert:  Hammer O'Justice replied 5 years ago.
It sounds like you have a reasonable defense since you yourself did not actually tender the check. I would suggest that you get a lawyer to handle the case for you. The lawyer can try to get the case dismissed prior to trial or can help you present your defense most effectively in trial. He or she can also put your employee on the stand to testify as to what exactly went on with the check. But I think the fact that you didn't actually pass or tender the check is a good defense and you should be able to avoid a conviction on these charges.
Customer: replied 5 years ago.
Needlesstosay, funds are low to nonexistant. What should I expect an attorney's fee to be for such a case (ball park, I know) and considering that it is just a misdemeanor, would I have and chance of a favorable verdict if I presented my own defense to the judge?
Expert:  Hammer O'Justice replied 5 years ago.
Unfortunately, I can't tell you fee-wise how much it would be because it varies so much from jurisdiction to jurisdiction. I would suggest you go to martindale.com and look up criminal attorneys in your area. Call a couple and that would give you an idea of what you are looking at in expenses. If it is something beyond your means, you might qualify for the public defender, so I'd suggest you research that.

You can present your defense to the judge if absolutely necessary but I would not recommend it. You can't just go in and tell the judge your story really--you will have to present your defense in a full blown trial if the prosecutor won't dismiss it. There are rules of evidence and procedure that a layman does not know, and you may not be able to get into evidence what you need to successfully defend your case without the assistance of an attorney. Plus, judges get really frustrated with people who represent themselves, and it doesn't usually bode well for them.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3985
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 6 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks for your help. It is pretty much as I assumed but I wanted to get a profession opinion before proceeding. I guess there is no way for me to go to the prosecutor first and plead for a dismissal before hiring an attorney?
Expert:  Hammer O'Justice replied 5 years ago.
You can try, but most of the time the prosecutor won't speak to you without a lawyer. And you don't usually want to speak to the prosecutor because he or she can use what you say against you at the trial.
Customer: replied 5 years ago.

Thanks.

 

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