Legal Question in Credit and Debt Law in Pennsylvania

Yes. If a person with bi-polar disorder cannot handle a check book, he or she needs a guardian. Bi-polar disorder does not make one write bad checks, although it does interfere with the mental thought processes.

A defense to criminal charges is "not guilty by reason of insanity" if it can be proven. It is very hard to do - the jails are full of people who were not deemed crazy and yet they really do meet the definition. If you do succeed in establshing this defense, the court may confine you in a mental institution instead of jail. There is not much difference between the two, although the mental institution might have more pleasant surroundings.

Get a guardian and give them the checkbook. Then get a criminal attorney who can try and work out deals in vwhich the victims will get their money back and the charges, if any, can be dismissed.

You asked about prosecution for crimes committed, with a mitigating factor that the person charged is bipolar.

Writing bad checks can be an infraction, a misdemeanor or a felony depending on a number of factors. Often prosecution would depend on the amount of the checks and the types of debts that the checks were written to cover. For instance a bad check to a landlord will not be prosecuted as a crime but rather will be referred to civil procedure (usually housing court where no criminal penalties would attach). A bad check in payment of a credit card debt would also be handled civilly. Bad checks for other debts may be prosecuted or may simply be civil matters to be handled as any other contract.

Maxing out credit cards would not likely be a crime (or I'd be guilty). Even overdrawing a credit card would be hard to find is a crime.

You describe what is likely a complicated situation which needs to be addressed to an attorney who will deal with the prosecutor and the courts and potentially the victims.

Having bipolar disorder is not an excuse for anything though it may be considered a mitigating factor. In Pennsylvania the defense of mental disease or defect would not be available or even advisable for this class of crime.

A person with biploar disorder should be under the care of a treatment provider and compliant with medications, especially after these crimes come to light. Getting help can go a long way to mitigating the possible penalties associated with the crime.

If you are being harassed by debts collectors regarding bad debts then contact an attorney (such as me) right away. Threatening criminal charges to collect on bad debts is a violation of both state and federal law. In some circumstances you could win statutory penalties and attorney fees against unscrupulous debt collectors. Depending on the types of debts that the charges and checks were written for you may even be able to avoid the debts by filing for bankruptcy.

Roger Traversa and Arjont is a debt relief agency. (This statement is required by law.)

Regards,

Roger