Legal Question in Criminal Law in California
Check Fraud
Can you be prosecuted a year after if you cash a check and a stop payment is placed after the fact?
2 Answers from Attorneys
Re: Check Fraud
The criminal statute for theft of mney or goods by tendering a bad check is (I'm sure) longer than a year.
The check must be good at the time it is tendered or made good prior to it hitting your account.
Canceling the check doesn't make a bad check good. Cover the check now, even if there is criminal investigation going on concerning the matter. If you're being criminally prosecuted on the matter check with your attorney.
Re: Check Fraud
Things are a little unclear. Did you cash a check that someone gave you, and then they tried to place a stop payment on it after you cashed it? I definitely need more information before I can give you a satisfactory answer. Call us at 1-800-327-4652 so we can discuss the details.