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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


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

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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.

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