Legal Question in Criminal Law in Florida

If a personal check was written out for $5,000, one and a half years ago, and that check was never cashed, and now the bank account is closed, would that constitute fraud by the state attorneys office?


Asked on 8/26/10, 9:17 am

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

If you wrote the check at a time when you could cover the $5000 and the account was closed a reasonable amount of time later, then I see no fraud. State might see it differently but it sounds like you have a good defense. If you've been charged, feel free to contact my office and we'll see what your best defense is.

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Answered on 8/31/10, 12:17 pm
Nicholas Dorsten Blake & Dorsten, P.A.

It is possible. When did you give the check to the payee? It depends on if the check, once written, was given to another person who then failed to cash it for one and a half years. You could then have a valid defense.

Goodluck

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Answered on 8/31/10, 12:17 pm


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