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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33231
Experience:  Began practicing law in 1992
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I'm a business owner that had check stolen and I put stop

Customer Question

Hello I'm a business owner that had check stolen and I put stop payment on check. The girl that had stolen it wrote it to her landlord. So landlord gets a warrant from different county and I get locked up for bad check. I did receive a notice saying that I had a bad check but notice was in my name not business which I don't have because it's in my husbands name. I showed notice to my husband who says this has to be fake because you don't have a account in your name and didn't even think about check being stolen from business 3 months earlier. So question is this man lives in different state but went to a different county to come after me. Is that legal? I spent 6 hours in jail for a check that was stolen and now have to pay someone to get me out of something that this county I believe had no reason to prosecute me?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Did you have any questions other than "is that legal"?

Customer: replied 1 year ago.
I wondering how this man that lives out of state can go to another county and get warrant and then for me to be put in jail for 6 hours before I could get in front of a judge. Now I have court date set where I have to bring proof that I didn't write check. Which is easy already done, but I'm mad because I was put in jail and now have my picture in magazine of mugshots when check was stolen from me. Do I have any legal action that I can take against man that got warrant? County that let him get warrant? And magazine that put my picture in that said check fraud
Expert:  Dwayne B. replied 1 year ago.

It depends on why the county felt they had jurisdiction over the matter. The jurisdiction could be because that is where the person accepted the check, that is where the property was located, that is where the bank rejected the check, or several other grounds.

If there are no grounds (jurisdiction) then you would potentially have a civil rights suit against the county.

There isn't a viable case that I can see against the man unless he knew that you didn't issue the check and that it was stolen and, even then, all he did was file the police report. Ultimately the decision on whether or not to prosecute is up to the DA.

Customer: replied 1 year ago.
Well I didn't owe this man anything. So wouldn't it be considered a 2 party check?
Expert:  Dwayne B. replied 1 year ago.

The law has regularly held that if a person takes a two party check then they become the holder in due course. It's how the payroll check cashing places, etc. are able to prosecute.

Customer: replied 1 year ago.
He's not a check cashing. The employee stole the check from me then forged my signature to pay her rent. What do I owe this man? I had no lease with him. Know anything. So how is it legal for D.A to prosecute me when there was stop payment put on check?
Expert:  Dwayne B. replied 1 year ago.

It doesn't matter whether he's a check cashing business or not, my point was it's the same principle.

You're confusing the ability of a DA to prosecute with being able to get a conviction. The DA moves forward based on whatever set of facts they choose to move forward on. It can be a complete investigation or just a partial investigation and normally it is just a partial investigation, as it was here.

If you defend the case then the DA shouldn't be able to get a conviction but that doesn't mean it wasn't legal for them to try and pursue charges. To pursue charges all they need is "probable cause" which is generally regarded as a fair probability that a criminal offense occurred.

Expert:  Dwayne B. replied 1 year ago.

You should be able to beat the charge when you show the judge or jury that the check was stolen and that you filed a complaint with the bank about that.