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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23568
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I wrote a check for 1829.00 the check bounce, a police call

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I wrote a check for 1829.00 the check bounce, a police call me and said if I didn'tpay , he would put a warrant out on me, can he do that, don't the judge have to put out the warrant
Hello,

My name is XXXXX XXXXX I am a criminal lawyer.

Yes a judge has to sign off on a warrant. However, in order to get one, the police just have to convince the judge that they have probable cause for an arrest. Probable cause is just a reasonable belief that a crime may have been committed and that a particular person may have committed it. The bounced check and your failure to pay would be enough for them to show probable cause.

Probable cause is a very low evidential standard. The state needs a lot more to convict you, and that's where you can attempt to raise a defense that you never had the intention to cheat the auto shop dealer. But can the police let you know that if you don't pay up the state will prosecute you? And then, if you don't pay, can they arrest you? The answer is yes on both counts.

If you can borrow the money from friends or family, you should try to resolve this. You may also be able to negotiate a payment plan with the auto shop, while there is still time left before the police will act..

Here's a copy of your state's worthless check law.
Customer: replied 3 years ago.

Okay you're saying that the police can come and get me.. Without a warrant

No. They would need a warrant to come get you.

However, Im saying that they can get a warrant. All they have to do is to come before a judge and show probable cause to have you arrested. The judge will sign it.

Customer: replied 3 years ago.

Okay so I have time to go and talk to the auto shop people. But this morning I go into surgery and won't get out of the hospital until tomorrow. I just need to know can I talk to them tomorrow and should I call that police man back and let him know I'm going to talk to the auto place so he won't get a warrant

Hi,

If you can somehow call the auto shop today, then that's your best bet. Otherwise it will have to be tomorrow.

As a general rule, when you're a suspect of a crime, you should never discuss anything with the police. Even by admitting that you do owe these folks money, you are making an admission that can hurt you in court.

You already know what will stop the warrant, which is paying the autoshop off or making an arrangement that the auto shop will agree to if possible, because the auto shop will tell the police that the problem is solved and there would be no reason to get the warrant.
Customer: replied 3 years ago.

So yesterday when the police call me and told me to call the auto shop and make arrangements then to call him back.. That was a no no.. Thank you I'll call the auto shop

Customer: replied 3 years ago.

I didn't get your last answer can you send it again. Thanks

Hi,

Sorry for the delay. I was eating my breakfast.

I wouldn't call the police back. They can call the auto shop if they want to find out what happened. You are never required to talk to the police when you are a suspect. You have a Constitutional right to remain silent which cannot be used against you.

But you do need to assume that the police mean what they say about coming after you with a warrant if you haven't settled this debt. Even if it turns out that they are bluffing you, you can't afford to ignore thair warning.
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