Legal Question in Criminal Law in Pennsylvania
Bounced Checks
My son has recently found out that he has a warrant for his arrest for a bounced check in the state of pennsylvania. He was not aware of the check because he had moved and the person who he was living with had refused the mail that was to inform him of the matter before it came to be a criminal matter. That is also the person who had not deposited the money he had asked to be deposited in the account. The check is very old, and he is concerned first about jail time,and also about his record because of future employment. He is willing to make restitution, but is not sure who to contact because he is out of state at this time and unable to return to pennsylvania to take care of the matter in person. Is it possible to contact the courts to make arrangements for restitution without appearing in person?
1 Answer from Attorneys
Re: Bounced Checks
Your question is in several parts. I will attempt to answer each.
1. Pursuant to Pa. law, a defense to a "bad check" charge is that you attempted to inform the payee that the check would bounce - you need to establish proof that the payee refused the mail;
2. Contact the District Attorney and the payee about restitution, your son has had some notice because he found out about the pending warrant prior to an arrest;
3. He might arrange to resolve the matter without a trip to Pa. provided he makes prompt payment to cover the check amount and costs; and,
4. I would suggest retaining an attorney to assist in this matter without the need to return to Pa.
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