Legal Question in Criminal Law in Ohio

Forging checks

I had a drug problem and forged checks from an employer. I got help and he agreed to let me pay it back instead of prosecuting. A lawyer drew up a Promissory Note & the stipulation was if I missed a monthly payment I'd owe the entire amount in full + interest. I've been paying for a year. If I miss a payment can they go back and prosecute me?


Asked on 12/06/08, 11:29 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Forging checks

The short answer is yes. In fact, the State of Ohio could prosecute you even if you make every payment on time. In fact, even if you repaid the entire amount due in a lump sum today, the State of Ohio could still prosecute. I am not suggesting that they will prosecute under these circumstances, I merely note that the decision to prosecute belongs to the State of Ohio, not to your former employer.

As a practical matter, if you continue to make the payments and your former employer is satisfied, there is no reason for the State of Ohio to prosecute you.

I hope this response is helpful.

Sincerely,

Rich Cline

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Answered on 12/06/08, 11:44 am


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