Skip to main content

If I start making payments to the bank for two checks that was return back to me as account closed can I be prosecuted?

Amherst, NY |

Open investigation for a person writing me two checks, I withdrew the funds and spent the money before I knew the checks were bad, police assume that I was out to commit fraud because I know the person and the person once lived with me. When I became aware of the situation I started to make payments however bank wants all the money due to stop prosecution. I don't have all the money that is in question to pay back to the bank, is there anything that I can do to avoid being charged for this situation other than having all the money to pay to the bank?

Attorney Answers 2

  1. From the facts laid out I don't see any criminal acts by you. However, you should immediately consult with a Criminal Defense lawyer.

  2. I think you have asked this before and I still don't see a criminal case against you unless you knew the checks were no good. Paying the money back does not stop a criminal case if the police chose to arrest you.

    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.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics