Legal Question in Criminal Law in Kentucky

My father wrote about $6,000 worth of checks from my bank account, can I still press charges? If so, would I receive this money back, where would it come from?

Asked on 12/18/13, 2:30 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Whether you can still press charges will depend upon how long ago this happened. Note that if the account is in both your names and/or if you're a minor (or were at the time), your father may have been entitled to write the checks. Even if he wasn't, his guilt may be hard to prove beyond a reasonable doubt.

Unless someone else (like negligent bank employees who should have known better) is responsible for letting this happen, your father is the one who will have to pay you back. The government does not give money to crime victims in order to make them whole.

If your father is convicted, the court may order him to pay restitution. But getting the order is a lot easier than getting the money. You also have the option to sue him (and anyone else whose misconduct or negligence caused your loss). That might not be any more helpful, but at least if you win you will have an enforceable judgment. There is no guarantee that a criminal court will order restitution even if your father is convicted.

Your best bet is to consult with a lawyer and/or talk to the police right away.

Good luck.

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Answered on 12/18/13, 2:51 pm

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