Legal Question in Criminal Law in Kentucky

I recently received my income tax check from IRS. I had used some of the money, a little here and there for gas, food, few bills, only major purchase $550. I thought I still had a lot of money in my bank account. I went to the bank, asked them how much I had in my account, I told them I wanted all of it out, but not to close it or anything of the sort. She asked if I had anything coming off of the balance that she gave me. I unfortunately do not keep a good record of my account because I have household members that use my card since their paychecks are also deposited into my account, and I always get hit with overdraft fees anyway. So I told her, No, that I shouldn�t, I wrote out a debit from them considering I don�t have checks and she gave me my money and I went on about my business. I get my statement in the mail 2 days ago, I look it over, and I noticed I was over drafted as expected, but noticed that it was a huge amount, I had went way over what I thought I had in the bank. My balance as of the 21st of Feb was as of my statement was 500. I had done the withdrawal on the 21st for about 2000. I also noticed some checks, considering I don�t write checks that had been taken off after the 21st and I didn�t use my card after that date. Today, a state trooper comes knocking on my door telling me he has a warrant for my arrest. They arrested me and put me in jail. Luckily my family knew the people and got me out on bond and I have to appear in court on April 2nd. I live in Kentucky. Since the amount was over 1000. I could face possible prison time. The bank hadn�t sent me anything besides the statement and then arrests me 2 days later with no time to call them and make arrangements for payment or anything. I tried looking at my account on line for possible explanations of the other checks, but the bank had apparently closed it. I was told no contact with the bank or the person that had signed the arrest warrant that works there so now I have no way of looking anything up besides what is printed on the paper statement they sent me. I am definitely going to hire a lawyer but was wondering for any advice that anyone can give me.


Asked on 3/08/12, 11:19 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

Yeah, that's pretty much my advice, is to get a lawyer as soon as possible. The withdrawing of the large amount of cash out of the account looks a bit suspicious, regardless, so you definitely want to get an attorney. The reality is, if your attorney can convince the prosecutor it was just a dumb mistake, they'll probably agree to drop it down to a misdemeanor and you'll pay back the money you owe, plus court costs, and maybe a fine of some sort. Or if some unauthorized person took money out of your account and that's why it was overdrawn, then that might be your defense too. If it turns out to be a bank error, then you have a claim against the bank. But it all depends on the county, the facts, etc. Good luck!

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Answered on 3/09/12, 1:24 pm


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