Virginia  |  Criminal Law

Legal Question

Asked on: 6/24/10, 6:28 am

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


Answered on: 6/24/10, 10:23 am by Barbara Greening

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

1001 N. 19th St., Suite 1200

Arlington, VA 22209

Tel: (703) 829-5454

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www.greening-lawfirm.com

info@greening-lawfirm.com

Immigration and Criminal Defense

for Washington, DC Metro Area

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The Greening Law Firm, PLLC 1001 N. 19th St., Suite 1200 Arlington, 22209

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Answered on: 6/24/10, 1:22 pm by Edward Hoffman

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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Law Offices of Edward A. Hoffman 11755 Wilshire Boulevard, Suite 1250 Los Angeles, CA 90025

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