Legal Question in Criminal Law in Texas

issuance of a bad check

With Only 1250 characters I can not go into great detail. The gist of my question is this, If I gave my Landlord a check dated 11/01/05 and he does not deposit it until 02/12/06 can I still be convicted of issuance of a bad check?

I KNOW it is only a Misdemeanor, but at this point it is the Principle of the thing. As I read Texas Penal Code Section 32.41 it appears that the check MUST have been deposited ''within'' 30 days of issuance to be guilty of the crime of issuance of a bad check.

The amount of the check was $1,000.00 if that matters. My Landlord was mad because I moved without giving him the 30 day notice. He took the check to the DA's office BEFORE he had even ran it through my bank.

They had to call him to come and pick up the check and try to deposit it before they could do anything. I was surprised that the DA is even pursuing the matter.


Asked on 7/27/07, 3:08 pm

2 Answers from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: issuance of a bad check

Based on the details that you have provided, you seem to be correct in your understanding of Texas Penal Code section 32.41(b)(2). You might want to look into the statutory inference of failure to make restution upon notice. If my firm can assist you with this or any other legal matter, please contact my office manager Mr. Ed Smith ([email protected]).

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Answered on 7/27/07, 4:10 pm
michael palmer Law Office of Michael Palmer

Re: issuance of a bad check

The real question is whether you had sufficient funds on 11/01/05? That is did you have $1,000 in your checking account on 11/01/05. Get bank records showing that you had the $1,000 in the checking account on 11/01/05 when the check was written. If you can get bank records that show that and provide the DA with a copy, then I imagine that the case will be dismissed. That say I think you have a case with the landlord waiting so long to cash the check.

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Answered on 7/27/07, 5:40 pm


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