Legal Question in Criminal Law in Colorado

I wrote 2 bad checks, I need some advice

I wrote 2 checks - 1 to the local town office for a gym membership (which was cancelled when the check was returned and was not used) and one to another local business. Just a little background - I had just moved to the state and was in the process of switching banks. I kept bad records and did not realize the 2 checks had not cleared prior to closing my account. The police arrested me and charged me with Theft, Fraud by check, and Fraud by check from a closed/non-existent account. I am out on bail and have a November 22nd court date. Any advice? What consequenes am I facing? I have NO previous criminal record, not even 1 speeding ticket. I have NEVER been arrested or charged with any crime. Please help.

PS - how do I go about getting permission from the court to leave the state for a few days?


Asked on 11/08/05, 6:33 pm

2 Answers from Attorneys
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: I wrote 2 bad checks, I need some advice

My advice to you is to hire an attorney. This can either be charged as a misdomeaner or a felony depending on the amount of the chacks. Most likely, if you can pay for the chacks as well as fines and costs, it may be possible to negotiate a plea bargain where you do not have a permenant criminal history. As for leaving the state, you need to file a motion with the court requesting permission.

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Answered on 11/09/05, 6:22 pm
Jason Savela The Savela Law Firm, PC

Re: I wrote 2 bad checks, I need some advice

To get permission to leave the state, you will need to appear in front of the judge to ask. Call his clerk and explain situation. Clerk should be able to pull file and put on next docket. Most courts will allow you to leave state with this notice and approval of your bondsman. It is good to bring bondsman approval to court. DA may object and ask for a waive of extradition. Be prepared to waive extradition.

Often, in situations like this, we get an offer to pay the money and dismiss or get a deferred sentence to a misdemeanor. But, you will not get this offer if you have a prior record of check problems.

You did not intend to de-fraud, you just made a mistake. If this is true, then you had money in your account when you wrote the check, and you gave it a reasonable amount of time to clear prior to closing the account. Also, if someone contacted you about paying for the bounced check, you should have attempted to comply.

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Answered on 11/08/05, 7:41 pm


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