Legal Question in Criminal Law in Florida

check fraud.

My stepson had to have surgery done on his mouth b\c of an infection or he would die b\c the infection was spreading to his neck and if it spread to his head and brain he will die. We do not have insurance and for him to have surgery done it was $1400.00. My mom gave $475.00 and the remaining $925.00, my husband wrote a check knowing there is no money in the account to cover it, but what do you do when the child is going to die if he doesn't have the surgery. I asked for payment plan but they wouldn't or couldn't. I now have received a certified letter saying they are going to take criminal action if I don't pay the $925.00 in 15 days. I wish I could do that but can't. What can I do from now and what will happen to me on a legal stand point.


Asked on 5/17/09, 4:32 pm

1 Answer from Attorneys
Kendall Horween Kendall L. Horween, P.A.

Re: check fraud.

Technically, this is a bad check case which would be a felony. Of course, jail is not going to happen, but he could get arrested and then have to bond out.

You may want to contact the local media to discuss the situation. It seems outrageous that they won't take a payment plan given the circumstances. The media may be able to put pressure on them, or maybe they can arrange a donation drive.

The bad news, however, is that it can be considered criminal. You may be able to argue necessity defense. My guess is that a prosecutor would likely be happy to get rid of the case if the money was paid back.

Good luck to you.

Kendall Horween

Kendall L. Horween, P.A.

1211 Orange Avenue

Orlando, FL

32789

[email protected]

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Answered on 5/17/09, 7:59 pm


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