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Im currently facing a charge of fraud on a financial instutation…

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Im currently facing a charge...
Im currently facing a charge of fraud on a financial instutation for passing bad checks. I'm trying to figure out what will happen to me. This is my first offense and it happened back in 2007. I don't even know till just recently about this. It never even came up on a background check when I joined the military. Or even when I was processed for a top secret security clearence. But then my wife called me a said a police officer was looking for me in question with all this.
Submitted: 8 years ago.Category: Criminal Law
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Answered in 28 minutes by:
6/28/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,838
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello,

In Indiana, this case can be a misdemeanor or a felony charge, depending on the amount of money involved in the check fraud. It's covered by Indiana Code 35-43-5 As you can see for yourself, if less than $2,500 is involved, the charges would be misdemeanors. Otherwise, this would be a D felony.

The standard plea bargain offer usually involves probation along with restitution for the complainant. If it's a first defense and the money involved isn't high, it may also be possible to get a deferred adjudication and come out of this without a criminal record. However, you should have a lawyer to represent you, particularly if you have a security clearance that you need to protect.

You may have some defense to the crime and no plea might be necessary at all. This is an intent crime. That is, you have to deliberately pass bad checks in order to be convicted of this offense, and the statute provides for a couple of defenses to the crime. That is, even if you knew you couldn't cover the checks when written, if your creditors knew it too but cashed the checks too early, you lack the criminal intent. Also, if your bank made some kind of adjustment you were unaware of that caused the check to bounce, you couldn't be convicted of this offense.




Edited by FranL on 6/28/2010 at 11:49 AM EST
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Customer reply replied 8 years ago
Ma'am, they are charging me with a class c felony. They have already given my ex wife a plea bargain. Of 1 year probation according to my lawyer.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago

This is the course that I already mentioned to you in the first post. It's a non-violent crime, and so probation is the usual offer. You can expect a simlar deal to be offered to you when you appear in court.

 

That doesn't mean you should take the deal right away, or ever for that matter. As your ex is involved with this too, she may be the one to have written most of the checks, and you may be on the hook just because you were married to her at the time. Even if that's not so, there may be other mitigating circumstances.

 

So while you can be fairly confident that nobody's going to show up at your door and haul you into jail, you really must get a criminal lawyer to help you with this. Criminal cases have long-term repercussions, and you don't want this kind of charge on your record unless it's absolutely unavoidable. If you cannot afford to retain counsel, you should just plead not guilty at your first court date (your arraignment) and ask the judge to appoint you a public defense lawyer.

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