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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 16959
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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My wife assaulted me on June 24 and was arrested for that.

Resolved Question:

My wife assaulted me on June 24 and was arrested for that. There was an epo issued for me and also bond conditions stating that she has no contact with me. She violated the bond conditions by texting me and calling me and leaving a voicemail. That has been reported. Today, a convenience store called me and said that I had a bounced check. I went there to go check it out and I found that my wife forged my signature on the check but she wrote her dl# XXXXX there. These were old checks and they did not have her name on them and I had already closed that account when she was in the mental facility. Did she commit a crime by doing this?
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 12 months ago.
Hello,

Thank you for the information and your question. Yes, what you described is considered check forgery and is considered a felony. You can see the statute at: http://law.onecle.com/texas/penal/32.21.00.html

You can report this to the police or the prosecutor's office that has her domestic violence charge pending so they can add the charge.
Customer: replied 12 months ago.
I just found the checkbook and there is another check that is going to bounce. Will this be a seperate charge? Am I liable for any of this money?
Expert:  Marsha411JD replied 12 months ago.
Yes, each check is a separate "count" and can potentially add to the sentence awarded by the court. As to your liability, if her name is XXXXX XXXXX the check, then no, you should not be liable since she forged the check. She is civilly and criminally liable.
Customer: replied 12 months ago.
It was a joint checking account though
Expert:  Marsha411JD replied 12 months ago.
Alright, well you said her name was not on the checks and that you had closed the account some time ago. Therefore, you would not have liability since she forged the check.
Customer: replied 12 months ago.
And she would still be criminally and civilly responsible? Her name was not on the check even though it was a joint account. I added her to it when we were married
Expert:  Marsha411JD replied 12 months ago.
Yes, if the account was closed before she wrote the check and she knew it, then she would be liable. If she did not know it was closed, or the account was still opened when she wrote the check, then you would both be jointly liable. Ultimately, if someone is trying to collect on this bad check and you do not want to be sued and have to go to court or have your credit rating affected, then you might want to pay them and then sue her for the money you had to pay. But technically, as I have stated, if she knew the account was closed when she wrote the check and her name wasn't on it, then you are not liable and she is.
Customer: replied 12 months ago.
Isn't it still a crime to forge my signature?
Expert:  Marsha411JD replied 12 months ago.
Yes, as I stated in my first response, it is a crime. Criminal and civil proceedings are separate.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 16959
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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