If there was a bad check written in 2006 and i just found out that there was a warrant for my arrest for that bad check, i turned myself in and found out that it was a felony because it was $240. I had filed bankruptcy and that particular item was in the bankruptcy. Should i hire a lawyer so that i will not have that felony on my record. i have a clean record up until now.
2 Answers from Attorneys
I would consult w/ a bankruptcy attorney to see what the bankruptcy covered. I'm not a bankruptcy attorney, but it seems to me that a bankruptcy would just discharge the debts covered by the bankruptcy; it wouldn't necessarily remove the underlying criminal conviction. If the bankruptcy lawyer advises you that the bankruptcy DID include the bad check crim issue, THEN you could obtain the services of a crim attorney to help clear up your record.
One final note, the timing of the bankruptcy may be important. In other words, if you were already in bankruptcy proceedings before the criminal charges were filed, it might be a better scenario versus a bankruptcy after the criminal charges.
Barbara E. Greening
The Greening Law Firm, PLLC
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Arlington, VA 22209
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Immigration and Criminal Defense
for Washington, DC Metro Area
The information contained in this message is for general informational purposes only. It is not intended to be legal advice, nor is it a substitute for professional legal services. The Greening Law Firm, PLLC disclaims the formation of an attorney-client relationship simply by use of LawGuru, and no such relationship exists unless a written "Engagement Agreement" has been signed by The Greening Law Firm, PLLC and the client. Furthermore, given the public nature of this forum, there can be no expectation of confidentiality, privilege, or any other protection from disclosure.
The warrant and the criminal charges will not go away just because of your bankruptcy. You may not owe the money any more, but that has nothing to do with whether you broke the law when you used the check.
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