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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23470
Experience:  9+ years defending Misdemeanor and Felony cases.
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A friend wrote a bad check do to her ex husband and now

Customer Question

A friend wrote a bad check do to her ex husband and now there is arrest warrant. What can she do ro resolve,without jail time?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 3 months ago.

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?

Customer: replied 3 months ago.
She,waa unaware the check had not cleared and was unaware of the original court date. He basically ran out on her and emptied their joint checking account
Customer: replied 3 months ago.
He has othe outstanding checks not paid and very delinquent on child support
Expert:  CrimDefense replied 3 months ago.

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.

Customer: replied 3 months ago.
She really has no financial means to get an attorney to file a motion. This issue i believe occur in Mississippi.
Expert:  CrimDefense replied 3 months ago.

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.

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