Bad Checks and Military Installation

A person who writes checks and has insufficient funds in the bank,not sure if he knew about it or not.Is it fraud? A criminal offense? What law is used on a Military installation? What are a persons rights if he or she cannot afford a lawyer and the case is handled on a military installation? As a minor he stole a pack a cigarettes and received 400 hours of community services-first time doing something wrong! I am afraid he will not have a fair trail or hearing within the military community.Where can I find more information for him because he is not mentally competend to represent himself. - Is this your question? Add additional information

Answers (2)

Alec Scott Rose

Alec Scott Rose

Contributor Level 7
In a military installation, a civilian who violates a local or state law is prosecuted in the US District Court by the US Attorney's office. Writing an NSF check with knowledge of the insufficient funds is a crime. If it it done by accident, or due to poor management of the account, there may be a defense or mitigating evidence. If you can not afford an experienced defense attorney (with experience in the federal court), request that the federal public defender be appointed.
Patrick J. Mclain

Patrick J. Mclain

Contributor Level 4
If the facts have not changed from your previous question, the advantage to having this matter resolved by a board is that this person will not have anything on his record. Whether this board is run fairly or not, the consequences of its decision are not potentially damaging to this person's future as if it had been referred to a federal magistrate, which I have seen happen on some military installations. If he has not funds for an attorney, he could still go with a responsible adult; such as a parent, co-worker, or friend.

If he has the case resolved in federal court, then go with him and encourage him to avail himself of the assistance of the federal public defender's office or the CJA panel (court appointed) attorneys.

Semper Fi, Patrick McLain

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