Legal Question in Criminal Law in Georgia

We are not sure if we have to require the services of the lawyer or not. A family member wrote a check in he amount of $320 and the check bounced. No warning or communication was received in any way from the company. The family member went to the local police station months later ( they closed the account and honestly forgot about the check) to get a criminal backgound check for a new job. The police station informed her that there was a warrant of arrest out for her for that bounced check. She was arrested and sent to jail. She was bailed out and now her court date is coming up. She was charged with deposit account fraud a misdemeanor.

Here come the questions. Can she go to the store before her court date and pay the amount and fees? The store said they would accept it. Would that be a bad move?? Going to court showing she has no other record what so ever. She has never been in trouble before. She is 39 years old and had one speeding ticket.

Also on all her paper work her name is spelled wrong. Does that mean anything? WE have never had to deal with any law issues and would like to know what to do and what she could expect.

Thank you for your advice...

Travis


Asked on 11/28/10, 8:13 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It would be a very good idea to retain counsel. Paying the store in advance does not get rid of the case.

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Answered on 12/03/10, 9:46 am
Lawrence Lewis Lawrence Lewis, P.C.

She can go to the store and pay the amount and the fees. Paying the store (and having proof that she paid the store) will: (1) not automatically make the case go away (that is the prosecutor's decision; (2) indicate that she did not intend to not pay; and (3) be viewed as an admission to the offense, if the prosecutor decides to go forward with the case. If you retain an attorney who is familiar with the prosecutor and/or judge, he will be in a better position to tell you how the prosecutor will react to your paying the restitution. If there is no prior record there are programs that may allow for probation, community service and a dismissal of all charges. You need to retain a knowledgeable attorney

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Answered on 12/03/10, 11:13 am


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