I wrote a $1500 check to myself from my old bank account a few years ago that bounced. I was recently arrested and charged with deposit account fraud by the credit union that I deposited the check into. Is this charge valid since I wrote the check from myself to myself? I didn't buy anything nor received services (present consideration) so how does that work? Would this be a civil matter instead of criminal? Also the bank is offering to settle for half the amount. If I take the settlement will this allow the criminal charges to be dropped if they are legit? Can First time offenders plea be used here?
If you wrote the check to yourself, I assume you cashed it, therefore have the money? The problem has to be is that you took the cash, and the bank is short that amount. The charge would not be invalid on that basis- it probably looks worse actually because it more closely resembles a fraud by you.
Financial Markets and Services Attorney
The bank might hve a civil suit against you for the bad check. And the State of Georgia might also prosecute you for a crime. If you have been charged with a crime or have been arrested, you need to hire a lawyer to represent you and help you find the most favorable resolution to this.
A first offender's plea can be used if you are charged with a crime, and otherwise qualify to enter that plea, but that might not be the best way for you to resolve the criminal case. You need to seek counsel from a lawyer, and go through all of the facts, along with a review of the charges and any defenses to those that you might have, before anyone can tell you the best way to resolve the case.
This is for general informational purposes only, is not intended to be legal advice for your specific situation, and does not create an attorney-client relationship. Should you desire legal advice, hire a lawyer. If I can be of assistance, please contact my office at (678) 344-5342 or visit us at www.thebeckfirm.com.