Legal Question in Criminal Law in Illinois

bad check, but not really

a person wrote a check to the store. the check bounced, however it was a mix up with the bank. The money was in the account. The person went directly to the store and paid the amount, cleared all with the store owner and straightened out the bank. A couple of months later a warrant was served for her arrest because of the''bad''check. She told the SA that it had been taken care of. The SA insists on going to court. She is defending herself since she has documented proof that the $ was there and it was a clerical error on the banks behalf. Even the Store owner called the SA to say what happened. The SA will not give up. What can she do to defend herself?

HOw can she file a motion to have the case dimissed since she has proof and can have affidavits from the store and the bank? Any help would be greatly appreciated. Thank you.


Asked on 4/18/07, 2:42 pm

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: bad check, but not really

First of all, your friend is risking a criminal conviction. Tell her to hire an experienced criminal attorney, fast. Second, the fact that she mentioned affidavits tells me she doesn't know what she's doing. Affidavits are inadmissible in a trial because they can't be cross-examined. She will need real live witnesses. I'll bet a lot right now that she doesn't know the rules of evidence and procedure that's nessessary to try a case. Thirdly, there is no motion to dismiss based on the facts. That's an issue for trial. Your friend doesn't know what she's doing. If she decides to defend herself it will be presumed that she knows as much as a lawyer does. The judge cannot help her. The SA will do everything in her power to convict her. Tell your friend to get a lawyer.

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Answered on 4/18/07, 3:25 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: bad check, but not really

If I were you I would hire an attorney. To you it seems crystal clear that you are not guilty, but it apparently does not seem that way to the State's attorney. The possible advers consequences of this resulting in a gross miscarriage of justice more tha justify the expense of hiring an attorney who should be able to defend the charges based upon the facts you provide.

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Answered on 4/18/07, 10:06 pm


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