Old misdemeanor conviction for wife

[jamied66]

What is the name of your state?What is the name of your state? Virginia

My wife bounced a check to a local company while she was in college. She made good on the check as soon as she discovered the problem. The shop owner said he had already filed charges, and he wasn't allowed to drop them now.

She showed up in court, and a very angry judge asked her for her plea, and she said "well, i wrote the check, but i've fixed it, so i was guilty, i guess". he entered a guilty plea and she was convicted of:

§ 18.2-181. Issuing bad checks, etc., larceny.

Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor.

The word "credit" as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.

Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.

(Code 1950, § 6.1-115; 1966, c. 584; 1975, cc. 14, 15; 1978, c. 791; 1981, c. 230.)

This is on her record, and may keep her from a new job with a mortgage company (nowhere near the money handling, but with all the new rules and regs after 9/11...)

We really don't think she was guilty of this crime (see the bold sections above, there was never any intent to defraud - she really thought she had covered the checks).

Is there any recourse as far as setting aside the verdict, reversing it, or something of the like? The "crime" was in 9/01, and she was convicted 02/02.

any help is appreciated!

 

[JETX]

We really don't think she was guilty of this crime (see the bold sections above, there was never any intent to defraud - she really thought she had covered the checks).

What you 'think' at this point is totally irrelevant. The fact is... she admitted to the crime at the time and was convicted.

Is there any recourse as far as setting aside the verdict, reversing it, or something of the like? The "crime" was in 9/01, and she was convicted 02/02.

In a cursory review of the Virginia statutes, other than an absolute pardon from the governor, it doesn't appear so.
For more, go to: http://lsnv.org/Information_Expungement.pdf

 

[jamied66]

well, more to the point, we feel that she was wrongly convicted of this misdemeanor.

I haven't found anything in the VA Code, either. Short of suiing the judge or something drastic.

This thing really shouldn't be on there. She was never informed of the charges against her, she was never informed of any rights. No hearings, not anything other than an angry judge and a "well, little lady, I bet you'll balance your checkbook more carefully in the future, won't you?".

Does anybody know anything that we could do?

 

[JETX]

well, more to the point, we feel that she was wrongly convicted of this misdemeanor.

More to the point, it doesn't matter what you think. She admitted her guilt to the court and they accepted her admission. Guilty.

Does anybody know anything that we could do?

Are you a major contributor to the governor's re-election?

 

[jamied66]

Our governor is term-limited. Your "cursory glance" through the VA Code didn't pick that up???

Thanks for the sarcastic reply though.

 

[JETX]

Our governor is term-limited. Your "cursory glance" through the VA Code didn't pick that up???

Thanks for the sarcastic reply though.

"You want the TRUTH?? You can't HANDLE the truth!!"
The TRUTH is... your wife broke the law. She got caught. She is now a convicted criminal. And no, there is nothing you can do to undo her actions... or the consequences her actions brought on herself.
There, feel better??

 

[jamied66]

No. My wife didn't break the law that she was convicted of. Please note the text of the statute. There was no intent to defraud, and there was no knowledge beforehand that the check wouldn't clear.

I don't feel better because this was an, albeit minor, miscarriage of justice. Virginia has civil code that deals with bouncing a check, it calls for 3 times the face value of the check, not to exceed $200. 18.2-181 is a statute to deal with check kiting; purposely bouncing a check to defraud someone. She just had problems at the time of keeping up with the balance in her checkbook.

I was inquiring as to the legal recourses available to correct the COURT's mistake. My wife corrected her mistake years ago.

Again, thanks for being sarcastic and un-helpful. I hop YOU feel better.

 

[JETX]

No. My wife didn't break the law that she was convicted of. Please note the text of the statute. There was no intent to defraud, and there was no knowledge beforehand that the check wouldn't clear.

Contrary to your protestrations... and hindsight, she admitted to breaking the law in court. The judge ruled accordingly. You can claim that she is innocent all you want.... the FACT remains, she admitted guilt and now has a record that cannot be removed.

I don't feel better because this was an, albeit minor, miscarriage of justice. Virginia has civil code that deals with bouncing a check, it calls for 3 times the face value of the check, not to exceed $200. 18.2-181 is a statute to deal with check kiting; purposely bouncing a check to defraud someone. She just had problems at the time of keeping up with the balance in her checkbook.

Gee, why is it that every person who bounces a check claims that?? And, even if this were a simple 'mistake', the responsibility is STILL HERS to keep an accurate check balance.

I was inquiring as to the legal recourses available to correct the COURT's mistake. My wife corrected her mistake years ago.

Get it through your head.... based on your own post, the court did NOT make a mistake. It ruled accurately based on the facts that your wife or her attorney presented (or should have presented) in her defense.
Lets look at the 'errors' your wife made:
1) Undisputed: She wrote a bad (NSF) check!
2) Undisputed: She failed to pay the check on demand of the merchant! Your own post says "The shop owner said he had already filed charges, and he wasn't allowed to drop them now." He can't file charges unless she fails to comply with his demand letter.... so she obviously didn't pay on demand.
3) Undisputed: She admitted her 'error' in court ("well, i wrote the check, but i've fixed it, so i was guilty, i guess").
4) From the above statement,it appears that she FAILED to have an attorney also.

Now, here it is, years after the fact and you somehow feel that she got 'railroaded' by the system??
You have NO unbiased facts.... and only what your naturally biased wife now tells you.

Get your head out of your ass and realize.... my posts have been 100% legally accurate.... and your wife's CONVICTION cannot be expunged or removed unless by an absolute pardon from the governor.

Quit your whining and accept the FACTS!!