My Business is going bankrupt. I wrote 4 checks this week. They all bounced. I have paid back most of the value in cash to all parties. They continue to threaten to have me arrested if I dont pay quicker but I simply cannot pay quicker. Can I face criminal charges for this?
Estate Planning Attorney
Issuing a bad check in the State of NY appears to be a class B misdemeanor.
It's possible that if the prosecutor pursues the matter and a criminal judgment is entered against you that you may also have to pay restitution. The restitution debt probably would not be a debt you can discharge in a bankruptcy, should you end up there.
The foregoing is commentary regarding a general legal question. It is not intended to be legal advice specific to the reader's individual situation nor does it create an attorney-client relationship between the author and any reader. You are encouraged to contact a qualified attorney to discuss your legal situation.
Owing money is not a crime. Passing bad checks is. You must find a way to pay them back. Then don't write any more bad checks.
DISCLAIMERâ€”This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com
Criminal Defense Attorney
If you knew the checks to be bad when you issued them then yes it is a crime. If you receive any calls from detectives asking you to come answer questions, they want to arrest you. You have a 5th Amendment right to remain silent. You should exercise it.
I am a former prosecutor who has over 15 years experience specialzing in criminal law cases.
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I am sorry to hear about your situation. Yes unfortunately. In the future if you can't pay, it is better not to than to write a check w/out sufficient funds.
You should contact an attorney to discuss your questions as additional information would be helpful.
Our firm has many years of experience in this field.
I wish you the best of luck.
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