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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27621
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I am a US Citizen who is corporate officer of India company.

Customer Question

I am a US Citizen who is corporate officer of India company. We had a bounced check case against us in India. Apparently this is a criminal offense in India but not in the US. Can I be extradited to India for this case?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Writing a bounced check is illegal in most U.S. states if the person or company did not make good on the check as soon as they were aware that the check did not pay. It is ALSO a civil cause of action here, but it's still a crime. The treaty between the U.S. and India provides for extradition where the office is punishable by more than one year of imprisonment or a more severe penalty. In most U.S. states, the punishment will depend on the amount of the check, but if you're talking about thousands of dollars, that would be punishable by more than one year.

With that said, a large part of extradition is going to rely on whether India makes the request and whether they're willing to pay for you to be sent there. If the check is not for a huge amount of money, it's possible that they won't make the request or see the need to pay to transfer you to India. Extradition is usually only requested in cases involving serious violent crimes.

If you can tell me what state you're in, I can get you more information on bounced check laws in your state.

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