Legal Question in Criminal Law in Texas

I wrote checks at Winstar Casino which has returned unpaid. What legal actions will be against me?


Asked on 1/31/11, 11:34 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

You wrote hot checks? If they have your correct address, you should receive a demand in the mail to repay the checks within a certain time period or they can turn them over to the courts or police for prosecution. What will happen depends on the amounts and number of checks you have written. It could be from a single misdemeanor charge to a charge for each check at the level dependent on the amount of the check. Or, they could possibly charge you with a felony even if each check was a misdemeanor amount under an aggregate, ongoing theft theory.

If they do not have your correct address, then they will have to attempt to notify you and if they cannot, they can STILL file charges against you.

I strongly suggest you contact them before they try to contact you and you "pick up" (repay and the retrieve) the checks. If you let them sit until they are prosecuted you will not only pay the check, Winstar Casino's charge, but you may also incur attorney fees, fines, court costs, DA's office costs, etc.

This answer applies to checks written in Texas under which you posted this question. I do not know the laws of other states.

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Answered on 2/19/11, 4:53 pm


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