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?


Asked on 2/14/01, 6:31 pm

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

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.

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Answered on 3/30/01, 10:21 am
Stephen Sitkoff Takakjian & Sitkoff, LLP

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.

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Answered on 3/30/01, 12:07 pm


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