Legal Question in Criminal Law in Texas

I wrote a $1540 check for my rent. It came back (bounced, did not inteed for this to happen) I asked the landlord if he could give me a week and I caould pay him the cash. He said no and that we had to get out. So we packed up and moved out. We were in the house for a total of 5 days for that month. A year later i'm arrested for a bounce check from him and being charges agravated theft for over $1500. Can this be done? If I was not in the house all but 5 days would I not only have to pay for those 5 days? Would this not be a civil suit? Any help please...Thank you


Asked on 1/27/11, 7:30 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

You wrote a hot check - a crime in Texas. In order for charges to be accepted, the landlord had to send to your last known address a form demand letter that you repay the check plus fees. If you did not do so, he then turned the check over to the DA's office for prosecution.

The fact that you were not in the house but 5 days may be of interest to the prosecution, although technically it is NOT a defense. (When you wrote the check, you represented that you had the funds to cover it. That is all that is required.)

Hire a lawyer and fight the case. I think that many prosecutors would be greatly offended by the fact you were evicted after 5 days for this check - especially if the landlord did not disclose this fact. (It would be like writing a check for a guitar, it bouncing, and you returning the guitar 5 days later. You still wrote the hot check but the owner got the goods back & is really out on the some use days.)

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Answered on 2/19/11, 4:59 pm


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