Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon. Did he ever contact her and advise her the check did not clear? Did she offer to repay it? Do you know why she failed to answer to this and a warrant was issued?
Thank you for the additional information. If she was unaware of the court date, she can file a motion wit the court, advising the Judge of the same and asking that he lift the capias and reset the court date, so she can appear and answer to this. She can explain she never received notice of the hearing, which is why she had failed to appear and had she known, she would have been present. Moreover, she can advise the court that she was unaware that the check did not clear and she was never placed on notice or contacted by her Ex, that the check bounced. Prior to criminal charges being filed, he needed to contact her and place her on notice, asking her to cure it and if he failed to do so, she could have a defense. The child support is a different issue and if he is behind, she can take him back to court to enforce it and go after him, seeking to hold him in contempt of court.
She can do it on her own and file the motion but needs to show good cause and convince the Judge that she 1) never received notice of the court date and 2) never was notified by her ex. Moreover, if she can pay and cure this and pay him what is owed on the check plus any other late fees, it will help. However, she needs to be aware that for something like this, as a first time offender, the State would not seek any jail time. This is a non violent crime and if she were to pay him what is owed, the court may simply impose a fine and court costs.