Legal Question in Credit and Debt Law in Virginia

dismiss warrant on paid insufficient funds arrest

My boyfriend was arrested in Maryland for an insufficient funds charge of $328 in Fairfax County, VA. He has been locked up for 8 days awaiting extradition. Since the arrest, we have paid off the debt. Additionally, the bank from which the check was written had requested the account be close due to ''hackers''. Maryland is holding him as a fugitive even though he lives in Fairfax county and was returning from vacation through Maryland. Fairfax county has not made any attemps to schedule an extradition pick-up. Being that the debt has been paid of, it is under $500 and we are able to provide suporting documentation from the bank proving this was an accidental oversight, not a bad check written on purpose, is there any legal action we can take against Fairfax County and/or the county in Maryland for detaining him longer then need be? In getting the run-around, it is my opinion that Fairfax county would rather let him sit in jail & get released from MD after the ''x'' amount of days are up for extradition rather then spend time on sending the the fugitive squad to pick him up (as this is a low priority crime) Is this legal or can we sue for the time, energy and money lost from my boyfriend losing his job?


Asked on 6/02/06, 11:44 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: dismiss warrant on paid insufficient funds arrest

Sure your boyfriend could sue Fairfax County but his case would go nowhere. And yes, it is quite legal for the county to demur in actually sending officers over to Maryland to pick him up although a $328 insufficency on his check does as a matter of fact add up to at least a prima facie case of bad check felony.

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Answered on 6/02/06, 9:35 pm


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