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Can police pursue criminal charges against me and my ex regarding 2 bad checks that was deposited to my bank account?

Buffalo, NY |

Police came to my home to question me about 2 checks deposited to my checking account, they wanted information about the person who wrote me the check, I advise the police that the person they were looking for was my ex boyfriend and that I was aware of the situation. I deposited two checks from ex, and both checks came back as account closed. I already made two payments towards the negative balance of my account. Can the police pursue criminal charges against me and my boyfriend if both already started to pay money back to the bank? It seems like the police think we are into some check fraud activity because we know each other and he once lived with me. The whole situation is messy, but I am making payments towards the negative balance.

Attorney Answers 3


  1. Sure they can but there is always a cost/benefit analysis they do to justify the cost of a criminal prosecution. If restitution is being quickly made the chances of a prosecution is less. Be sure you are not implicating yourself by answering questions while unrepresented.

    Good luck.


  2. Your ex has criminal exposure. I don't think you do unless you were part of the scam.

    Feel free to contact me at (212) 577-9797 or by email at: Eric@RothsteinLawNY.com. I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. Your ex boyfriend has criminal exposure. Assuming you were not part of the scheme you will be OK.

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