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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31490
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I just discovered a bad check written in 2000 under my maiden

Customer Question

I just discovered a bad check written in 2000 under my maiden name via a background check. I called the justice court to inquire, and the lady mentioned a warrant fee. I have had the same driver license, address and am a registered voter, yet I have never been made aware of this misdemeanor. I looked it up on the website, and it states it has been adjudicated. I have also had background checks done prior, even a security clearance issued and this has never appeared in my file. I want to go and take care of it tomorrow, but am afraid of getting arrested! Can someone please help? I live in Arizona, and this case is showing out of the East Mesa Justice Court.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Do you know if a warrant has been issued for you?
Customer: replied 1 year ago.
I do not. I figured when she mentioned warrant fees that maybe I do, but when I pulled up the case file it doesn't say if there is a warrant issued. I also checked the MCSO website for active warrants and did not see my name
Customer: replied 1 year ago.
I am just very confused here, because I go and visit my son who has been incarcerated since 2008. I have had 2 speeding tickets issued, and no one has ever arrested me for an outstanding warrant, denied me employment, etc until this background check
Customer: replied 1 year ago.
Just located it. Under my maiden name. DOW 4/4/2007. Bond says 90. Freaking out here....
Expert:  Roger replied 1 year ago.
If there is a warrant, it like would be for a failure to appear....which is not as serious as a felony warrant.
It is likely that if you go to court, you'll be arrested as the warrant has to be served, but you would likely be allowed to bond right back out and appear before the judge, pay your fines and be allowed to go on your way.
If you want to make the process seamless, the simplest thing would be to hire a lawyer to negotiate turning yourself in, bonding out and appearing before the judge so you don't have to sit in jail for any amount of time.
But, since this is a misdemeanor, it is very unlikely that you'd be required to do anything other than pay a fine.
Customer: replied 1 year ago.
So are you telling me that if I go down tomorrow to the justice court to pay whatever I owe, they will arrest me and make me appear in front of a judge? I don't understand! I was never notified of any of this. Didn't I have the right to get to appear in court in my own defense and take care of it way back then instead of all of this? I don't want to be arrested for some $148 check I knew nothing about. I just want to take care of it so I can go to work
Expert:  Roger replied 1 year ago.
I can't promise that's what will happen --- but that's the most likely result. IF a warrant is issues for someone, then it must be served and processed - which means the person will be arrested.
The local court could obviously handle this differently, but I couldn't say for sure. Again, the best way to resolve this would be to hire a lawyer to review your file, contact the prosecutor and discuss resolving this, and then going to court with your lawyer so you can go through the process, get the fines paid and move on.
This shouldn't be something that you'll face extended jail time for, but it is still likely/probably that you'll be arrested if a warrant has been issued.
Customer: replied 1 year ago.
Can you recommend an attorney here pro bono?
Expert:  Roger replied 1 year ago.
We can't make direct referrals, but the best option is to contact your state bar association and ask for help locating an attorney in your area that can help. Here's the link: http://m.azbar.org
They should be able to help get you in touch with someone in your area.