Legal Question in Criminal Law in Georgia

Re: GA Question: Additional Info. County ADA declined to extradite/prosecute after he had been arrested in TN, because maker left date & pay-to-order-of blank, check was then made over to recipient�s business partner & deposited in their business account, hence question about theft by deception. Other than the seller accepting a check that was not completely made out, there is no other problem or question of legal ownership of the item being sold. Thanks for the original reply & thanks again for another answer.

A. �Usually the crime would be a bad check, not theft by deception.�

Q. �GA Question - If a check is tendered for the purchase of an item (located in, purchased from & removed from GA), the check is disallowed & the check maker removes the item to TN, can a warrant be sworn out for theft by deception? What code section would apply? Thanks�


Asked on 2/17/12, 7:04 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It's still a bad check case, and given the fact the seller accepted an improperly made out check, certainly the DA told you "I'm not going to prosecute and you have to treat this as a civil case."

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Answered on 2/18/12, 4:20 pm


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