Legal Question in Credit and Debt Law in Texas

I have an unusual situation. In 2000 my secretary wrote 4 posted dated checks to a vendor totaling about $2000 over a 2 month period. The checks were written as "post dated" (this was understood at the time and I have confirmed that the business the checks were written to admits that they were post dated).

The business which was open for 14 years was on it's last legs and finally failed and closed shortly after the post dated checks were written.

In 2002 a warrat was issued for my arrest so I contacted the DA and (1) explained the check writing circumstances, post dated, etc, and (2) made arrangements to pay monthly. The warrant was dropped.

In 2003 a warrant was reissued and I was arrested. (I couldnt pay the monthly payments, I was broke).

I made bail and have been patiently awaiting a court date. It is now 6 years since I was arrested. I decided to finally call and find out if this is still a pending case. The DA told me to pay the outstanding amount and the case will be dropped.

I still don't think a crime was committed. And, if a crime was committed should I not have been given a court date? What are my legal options? Should I have a felony arrest on my record even though a crime wasn't committed as far as the Texas code is concerned?

I'm just a little guy fighting a big system that won't discuss the facts of the case with me.

Add to this the fact that my business was in one county but the charges were filed in the county in which the recipient business resides.

Thanks in advance


Asked on 8/12/09, 2:04 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

not unusual and if you had hired a lawyer you may not have had any criminal charges..nor required to pay...but now you seem to have pled guilty..but call a criminal lawyer for help now..it is cheaper than unwarranted time in jail..

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Answered on 8/12/09, 4:18 pm


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