Legal Question in Criminal Law in Texas

Hello, I was arrested in Harris County on Monday, August 12, 2013 for a warrant I did not know existed out of Walker County for theft by check. There were 3 checks totaling under $92.00 written over 9 years ago back 2004. Shouldn't I have received a certified notification notifiying me of these charges? I was told that a registered or certified mail receipt showing notice given should be provided at the time of filing the complaint?


Asked on 8/14/13, 8:51 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

The company who filed the checks for charges will have presented to the prosecutors' office proof that they attempted to send you a certified letter regarding the checks shortly after they were returned NSF. That is required for the prosecutors' office to accept charges. If you had the wrong address on your check, then that is your problem because they are not required to search for you. You should have known the checks bounced if you checked your account.

Generally, most prosecutors will dismiss such charges if you pay full restitution and the accompanying charges. You can generally deal directly with the prosecutor on the case. (Of course this assumes you have not done this before.)

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Answered on 8/15/13, 4:30 pm


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