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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 02-13-2005, 03:32 AM
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Join Date: Feb 2003
Location: Arkansas
Posts: 24
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Theft By Check


My Son had his own business and a very bad experience with a bank loan officer. He changed banks, wrote cert. letters, and sent material to Fed.Reserve, etc., but too late. Another businessman knew of his situation and let him write him a post dated check for a purchase. He was trying very hard to get things back in financial shape but it overwhelmed him causing him to lose his business, home, and everything (living with us now). He had given the man paper collaterial for assets until he could cover the check, but he didn't want that. He filed theft by check charges on my son & he was arrested and jailed. No money, so he was appointed a public defender who told him he was guilty of a felony and needed to pay $15,000.00 within 2 mo. from next court date. My Son tried telling him his situation, that he had not intentionally wrote a hot check. He had every intention of paying the man but he just needed some time to get a job and sell what assets he could recover from so-called friends etc. He didn't want to plead guilty to a felony charge that would follow him forever. He didn't intentionally steal from anyone and if that were so, the bank stold from him. The P.D. set up an account with the court for my Son to make payments anyway. My boss helped him by giving him a job and loaned him money to pay his fines and bond. He isn't making much, but he has recovered 3 items, (all needing repair) costing him money before he can sell them. He hasn't had extra money and I've helped him all I can financially. He can't find an attorney to represent him against the bank (no money). If he pays (when possible) on this account set up at the courthouse, will that mean he is guilty of a felony? My Son knows he owes the money, but is there an argument of the felony? The man finances several men in biz, and one of them owes my son money. It's been a nightmare..
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