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Is there any defense I have to not get charged with larceny? I deposited two checks into my bank account that was bad

Buffalo, NY |

Police detective told me that I may get charged with larceny. My ex boyfriend wrote me two checks sometime around August or September totaling $4,000, at that time he told me it will be ok to cash the checks in November. In Nov. I deposited both checks into my account, funds became available, and a week later checks came back as account(s) closed. When I contacted my ex he told me that there was a situation with his bank and the money wasn't available in there and he told me that he will make good on the amount he owes me. The Bank Filed a Incident Report and police came to my home to ask me questions of the person that gave me the checks. I explained to them that I deposited the two checks before asking him if the funds were available and I told them that it was a misunderstanding.

Attorney Answers 3


I think is this is hte third time I am answering this question. Unless you were participating in some scam, I don't see criminal liability on you. Stop speaking to the police and hire a criminal defense lawyer.

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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2 lawyers agree


Again this same question? Go see a Buffalo lawyer.

Good luck.

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1 lawyer agrees


I doubt that you will be charged on these facts, but simply do not know all of the facts.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida. If you wish to contact the above attorney, see his profile at this website.

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