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I am a US Citizen who is corporate officer of India company.

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We had a bounced check...
I am a US Citizen who is corporate officer of India company. We had a bounced check case against us in India. Apparently this is a criminal offense in India but not in the US. Can I be extradited to India for this case?
Submitted: 2 years ago.Category: Criminal Law
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Answered in 4 hours by:
3/2/2016
Criminal Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Writing a bounced check is illegal in most U.S. states if the person or company did not make good on the check as soon as they were aware that the check did not pay. It is ALSO a civil cause of action here, but it's still a crime. The treaty between the U.S. and India provides for extradition where the office is punishable by more than one year of imprisonment or a more severe penalty. In most U.S. states, the punishment will depend on the amount of the check, but if you're talking about thousands of dollars, that would be punishable by more than one year.

With that said, a large part of extradition is going to rely on whether India makes the request and whether they're willing to pay for you to be sent there. If the check is not for a huge amount of money, it's possible that they won't make the request or see the need to pay to transfer you to India. Extradition is usually only requested in cases involving serious violent crimes.

If you can tell me what state you're in, I can get you more information on bounced check laws in your state.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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