Criminal Complaint filed - larceny?

[semantic]

What is the name of your state?California

I have also posted this on the bankruptcy forum.

I filed bk on oct. 14. Included was a creditor who has a judgment on me for $2500. This creditor is a check cashing company. A former employee had stolen one of my checks when I closed my business in Massachusetts back in March of 2005. The bank account was closed, the s-corporation was dissolved, but the merchant still cashed the check. It was a business check, signed by a fictional person.

After receiving the bk mailing, this creditor went to the district court and filed a criminal complaint against me personally, from him, personally (not his business as he did in the judgment).

It took me 3 long months to make the move from MA to Ca, and I didn't even know about this stolen check/judgment until I received all my held mail. Too late to file a stolen check to the PD.

My 341 hearings were this week and last. No adversary proceedings entered, not even from this guy - he chose a different route which compels me to return to MA. Problem is, I don't have any money to fly back there (hearing is next week, just received the notice yesterday).

I've been told on the other forum that if I don't appear, an FTA warrant will be issued; what does this mean for me here in California? Do I need to care, that is, can I get my CA drivers license, open a post office box, bank account, without getting arrested?

Can I hire an attorney to stand in for me back east? Can I postpone this hearing until I can afford to go back?

I've also been told that the corporation is liable, not me, but since this guy filed a criminal complaint of larceny against me personally, I don't think the clerk or magistrate will take a phone call explaining this, (will they?).

Wouldn't the magistrate look at the check (corporation check) look at the criminal complaint (civil complaint, no business names involved) and say, 'hey you can't do this'?

What are my options?

 

[Kane]

I'm not a bankruptcy atty so I can't offer any advice on that part of it.

However, on the criminal complaint, you need to appear. You may be able to hire a lawyer to appear for you. But you must make sure you take care of it one way or the other. Theft by check is a kind of theft, and if the check was for $2500, it's most likely a felony charge. You don't want a felony theft warrant hanging over your head, even from another state.

If you did not write the check, you're not guilty. If it was actually a forgery, you're a victim of a crime, not a criminal. But you still have to appear in court, because that's where the question will be decided. Until or unless the case is dismissed or you're acquitted, you're the accused. Even if you're innocent, you still have to answer the charges.

I don't know whether you can postpone your appearance. Most likely not, but call the court and find out.

Clerks can't dismiss cases, and the judge or magistrate won't talk to you about the substance of your case, assuming they take a call from you at all (which they probably would not). Theoretically, a prosecutor could dismiss your case, but if you're hoping to get your case dismissed via long-distance phone call, I wouldn't get my hopes up. You're better off having a defense atty talk to the prosecutor, anyway.

Wouldn't the magistrate look at the check (corporation check) look at the criminal complaint (civil complaint, no business names involved) and say, 'hey you can't do this'?

I have no idea what evidence the magistrate had in front of him when he signed the probable cause affidavit, but bankruptcy is not a defense to theft by check, or any other kind of theft. You can't knowing pass a bad check, and then file bankruptcy to avoid criminal prosecution. Your defense is not bankruptcy. It's that you didn't write the check.

Do I need to care, that is, can I get my CA drivers license, open a post office box, bank account, without getting arrested?

No one can tell you whether or when you would get arrested. If you do get arrested, you will be looking at a long stay in a CA jail, and then (possibly) a long drive to the other state, depending on whether the other state decided to extradite you. No one can tell you whether or not they will extradite you.

Police have a national system called NCIC that they use to keep track of out-of-state warrants. I can't tell you whether your case would go into that system if you FTA. A police officer (Carl) might be able to give you a better idea, but no one could tell you for sure.

I can tell you though, that you're better off taking care if it now, rather than letting it go to warrant. Right now you can walk into court as a free man to face the charges. That's a valuable consideration.

Call around, and see if you can find a lawyer in the other state to help you. If you can't afford one, see if there's a Public Defender's office. If nothing else, hitchhike back to the other state. At least that's what I would do. :-/

 

[semantic]

Thanks Kane.

Carl, you out there?

This check was 'written' and 'honored' by the merchant back in March of 2005, the same time I was closing up my shops and moving out of the state. The person who the check is made out to is one of my former employees. The person that signed the check is God knows who - it's not even legible.

By the time I received the judgment, I was in California (this happened in Masssachusetts), and I did not have the money to address it then (back in April). I still don't - I seek advice here on this forum to hopefully alleviate the time/money I will be paying to counsel to address this.

Now I must address it - I'm hoping that counsel here in California can make a phone call to the prosecutor (at the least) or that I can hire an attorney in Mass. to stand in for me (at the most).

My kid just got diagnosed with a rare genetic disorder, so we are going to UCSF and Oakland Childrens Hospital all the time, my bankrupcty proceedings were last week and this week, and God forbid, next week. Now, I've just received this criminal complaint on Monday of this week. This is a bad week.

Thanks for any advice.

 

[CdwJava]

If MA issues a warrant for your arrest and they agree to extradite you, then you can be arrested in CA. Since the CA DMV requires you to provide a physical address in addition to a mailing address, at least some address will be provided. Even if not by the DMV it appears there are now court records here in CA that can be used to track you down ... and, much to many people's chagrin, it is not that easy to just fall off the radar. Additionally, if you do not already have a driver's license in CA your application to the DMV will trigger a search via NCIC if your name is flagged by our DOJ ... and if you are wanted, they will come for you eventually.

Additionally, a warrant will prevent you access to most government assistance and loans, good jobs, and any position requiring a security clearance.

It is doubtful that a CA attorney will do you much good as the crime was alleged in MA. You would be best served by obtaining the services of an attorney in MA to argue the case.

- Carl