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I am being charged for fraud do to a bad check that was a…

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I am being charged...

I am being charged for fraud do to a bad check that was a scam and I did not know it was a fake. How do I say to the judge that I did not know the check wasn't real and avoid prison time, the bank put funds in my account before the check came back. How can a bank put funds in an account when I've put checks in the past they held them till they cleared. Why didn't they do that with this check

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Missouri

Lawyer's Assistant: Has anything been filed or reported?

I have till today to pay for the check plus return check fee of $110.00, the check was $3000.00 prosecutor fees of $88.00.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes when I went to the bank about a month ago, they locked the door, I went there to get all my bank statements I know I'm not guilty

Submitted: 3 months ago.Category: Legal
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Answered in 3 minutes by:
3/6/2018
Lawyer: Zoey, JD, Attorney replied 3 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,932
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 3 months ago
Is there a way to avoid being arrested, if I ask the prosecutor to subpoena my bank account of all transactions, when the checks were deposited the date when the funds were available for each check prior to the scam check . For some reason the bank put funds into my account before they found out the check was fake. If they would have waited instead of putting money into my account that didn't exist. I wouldn't be in this position now.
Lawyer: Zoey, JD, Attorney replied 3 months ago

Thanks. Give me some time to finish typing an answer and I'll address that piece.

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Customer reply replied 3 months ago
Wasn't I charged 42 dollars to type my questions or was it just $ 5.00
Lawyer: Zoey, JD, Attorney replied 3 months ago

The site charges $5 to post a question and the balance when the expert replies. If you're not interested in an answer, contact customer service at***@******.*** and they'll refund you.

Do not accept a call request from me to discuss a customer service matter, because that will add still another fee and I don't handle membership or billing matters, only legal question.

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Customer reply replied 3 months ago
If it was 42 dollars I'll have to keep texting if it's 5 dollars then I'll call
Lawyer: Zoey, JD, Attorney replied 3 months ago

I can't tell you what you paid. That's a customer service issue because they can look into your account. I cannot do that. If I'd have to guess, I would say you'd paid the $42

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Customer reply replied 3 months ago
Ok, then we'll keep texting, I'll wait for your answer, then I'll ask more questions
Lawyer: Zoey, JD, Attorney replied 3 months ago

Unfortunately, an account holder is 100% accountable for the funds they deposit into and withdraw from their account. They are required to exercise good care in their banking transactions. While I'm sure that you're correct in what you're saying, telling that to the prosecutor won't solve your problem. Laws in this area protect the bank and not the account holder. Here's why:

In order to facilitate the doing of business, under Federal law a bank is REQUIRED to give a depositor access to the funds he places in his account within 48 hours. In many instances, that is before the amount has actually cleared. Frequently, a bad check can take a couple of weeks to bounce.

Scammers know this and want you to deposit the money and then send money off quickly and by wire. The bank is not liable for your loss here because you voluntarily sent the money off and the law protects them. Your remedy is to pay back the bank and then to sue the scammer, assuming you can find him.

If you don't, the bank will have you prosecuted, because then you are, arguably, a party to the fraud against the bank.

An exception would be if you'd thought to ask if your funds had completely cleared through before you wrote out against them. If a bank officer assured you that your funds had completely cleared and that's the only reason you withdrew it when you did, then they would share in the liability and you'd have exercised care in the management of your account.

However, if you just saw your balance and assumed the payment had cleared, then, unfortunately, to avoid prosecution, you'll have to pay the bank back.

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Customer reply replied 3 months ago
Wow, I'm in a mess, then what can I do, today is my deadline, and there's no way to get $ 3200.00, I've tried for almost 2 months to get the money, I tried to pay portions to the bank and she said she would not accept it, she wanted all of it the way she handed it to me
Customer reply replied 3 months ago
I tried 4 different times, I stayed in contact with them over the phone like she asked, until she wouldn't wait any longer
Customer reply replied 3 months ago
Ok if the bank has to put those funds in your account within 48 hours then why on a few checks I had to wait for 5 days once and 3 days on the other times. There's something fishy here. This doesn't add up
Lawyer: Zoey, JD, Attorney replied 3 months ago

Yes. Typically, they want all of the money.

If you're charged criminally, you will be assigned a free lawyer if you cannot afford to pay counsel, and you are a scam victim. The state would have to prove beyond a reasonable doubt that it was your intention to rip the bank off and to collude with the scammer. That would be difficult for the state to prove if you've been trying for four months to pay them back.

Banks can hold some checks up:

https://www.law.cornell.edu/cfr/text/12/229.12

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Customer reply replied 3 months ago
I been trying to get a loan for 2 months, I've tried to borrow from everyone I know. I'm not into wrong doings of any kind. I do my best to avoid trouble,
Lawyer: Zoey, JD, Attorney replied 3 months ago

I understand that, and I'd love to tell you what you want to hear. There may be, however, no way to avoid a criminal prosecution. But that does not mean you'll have to be convicted, and does not mean you'll end up doing any jail or prison time.

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Customer reply replied 3 months ago
What advice do you recommend
Customer reply replied 3 months ago
Will asking the prosecutor to subpoena my bank account statements, surely this will show I'm not trying to run , I don't have a problem paying the bank but not in a giant sum.
Lawyer: Zoey, JD, Attorney replied 3 months ago

If you have no option to involve a civil lawyer or to pay the bank its money today, the bank says it will charge you. If this is a first offense, you'll typically be allowed to remain at liberty. There is no reason for anyone to believe you are a flight risk or menace to society.

When you come to court, you'd plead not guilty at your arraignment and at that point you can ask the just to appoint you a free lawyer. He or she may be able to cut you a deal where you can avoid a conviction on your record in exchange for serving a term of probation and paying restitution back to the bank in small affordable payments. Incarceration is very highly unlikely.

I know this is horrible for you because you are a victim here. But this is why scammers are so reprehensible. I assume you have already reported the scam to your police. You need to do that, and you should also report it online to the FBI at www.IC3.gov

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Customer reply replied 3 months ago
should I go or call the prosecuting attorney and ask for my subpoena, what is a civil lawyer
Customer reply replied 3 months ago
I've never been in anything like this before
Customer reply replied 3 months ago
the public defenders are for the courts. I don't need to get hung
I just want to pay the fines and fees the bank in affordable payments and get back to my life without having something this serious hanging over my head
Lawyer: Zoey, JD, Attorney replied 3 months ago

No. You shouldn't call the prosecutor and ask to be charged. The bank will take care of that if that's what they want to do.

A civil lawyer is a lawyer who handles non-criminal matters and who may have been able to negotiate something with the bank to get them to accept partial payment.

A public defender can get you probation and restitution on a crime like this, but more importantly he may be able to do better than that and get a deal that can keep the conviction off of your record.

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Customer reply replied 3 months ago
your saying I should go down to the prosecutor office and tell him I don't have the banks or his money. I've got to do something, and I do need the subpoena of my bank statements. I'm not running from them. And I know they'll arrest me for the charges. I'm trying to avoid that. Please help if you can
Lawyer: Zoey, JD, Attorney replied 3 months ago

Did you receive anything from the prosecutor? Who told you about the payment by today and the prosecutor fees and how did you learn that? If by letter, what did the letter say you should do if you didn't pay?

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Customer reply replied 3 months ago
your saying that I wait , but I need those statements, I know they will help me. And the bank won't let me in the door. I guess I could try again to get them there
Lawyer: Zoey, JD, Attorney replied 3 months ago

You should be able to get your bank statements online. Can't you access your account there?

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Customer reply replied 3 months ago
It doesn't say what to do other than I will be charged and arrested
Lawyer: Zoey, JD, Attorney replied 3 months ago

And it's from the bank. So no, do not go to the prosecutor.

You should be able to print out your bank statement by logging into your account online. The official copies can be subpoenaed later if needed. But you would have proof that the money was in your account.

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Customer reply replied 3 months ago
No they closed it
Lawyer: Zoey, JD, Attorney replied 3 months ago

Your lawyer would be able to subpoena them down the road, but you have to actually have a case to get a subpoena.

I'm afraid there is likely nothing you can do to avoid a prosecution. The case won't even be assigned to a prosecutor until charges are filed.

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Customer reply replied 3 months ago
there's no way to avoid an arrest. I'm not running, I'm still trying to get the money regardless if this is due date, and I'm having no success
Customer reply replied 3 months ago
Did you get the file
Lawyer: Zoey, JD, Attorney replied 3 months ago

Yes. I saw the file. You did hear from the prosecutor's office.

So you can call Wendy Carruthers and try to get an extension, but that's pretty much all that you can do unless you can raise the money by close of business today.

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Customer reply replied 3 months ago
It said at the bottom of the page not to ask for an extension
Customer reply replied 3 months ago
Does the Ucc-1 exist
Lawyer: Zoey, JD, Attorney replied 3 months ago

The UCC is the Uniform Commercial Code. It has nothing to do with criminal law.

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Customer reply replied 3 months ago
Check out UCC-1 section 207.7/308.6 also about the 14th amendment. You'll be amazed. There's more to it than what you think
Customer reply replied 3 months ago
Look up David-Wynn:Miller
Lawyer: Zoey, JD, Attorney replied 3 months ago

I don't have to check it out. A UCC argument hasn't worked for the so-called sovereign citizens and it won't work for you either.

Best of luck with your case.

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Customer reply replied 3 months ago
Also your saying that the Ucc-1 is totally different from what my case is
Lawyer: Zoey, JD, Attorney replied 3 months ago

I'm saying it is a different body of law and has no application in a criminal case. The sovereign argument tries to use the UCC to claim that criminal court has no jurisidiction over them. I suggest you don't want to try that. Many who do, end up in jail finding out otherwise.

Again, I wish you good luck with your case.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

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