Legal Question in Criminal Law in Wisconsin

Checks

I need to know something, My husband gave me some checks to write and sign his name to on his checking account checks, and a few of them did bounce and a couple the bank paid but I have been paying the ones off that bounced. Anyway when I do not do what he wants he says he is going to get me in trouble for it and gets drunk and walks around the house saying felony. And then tells my kids he is going to have me put in jail. It is like he blackmails me by doing this, and a few that I did sign he was even with me.


Asked on 2/03/08, 11:01 am

2 Answers from Attorneys

JAY Nixon nixon law offices

Worthless Checks, Married Couples Using Same Checking Account

You need to consult with an experienced criminal lawyer, and also perhaps a family lawyer, as soon as possible. If you are in physical danger, you need to call the police. In a scenario where both spouses are writing checks without keeping track of the available balance, both could be charged with being party to the crime of issuing worthless checks for all the checks which bounce, regardless of who wrote them. Separate checking accounts for the future might help to avoid more of these problems. Paying the checks before they are turned over to the authorities is obviously a good idea, but may not always result in avoidance of a criminal charge.

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Answered on 2/05/08, 9:00 am
Sean Sweeney Tosa Law Office

Re: Checks

I guess I would say stop writing checks for him. It seems unlikely that he could convince an Assistant District Attorney to charge you with a crime, when he did nothing about them for so long and you would explain that you are his wife and he asked to fill them out. Stop writing checks for him, get a joint account, and perhaps talk to someone who counsels people in potentially abusive relationships. (Abuse isn't always just physical)

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Answered on 2/04/08, 12:16 pm


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