January 28, 2016

Asked 1/27/2016 – Beaumont, TX

I’m a former resident of Texas (appox. 4 years ago), but currently reside in New York, NY. During an employment background check a warrant was discovered. The warrant is related to a charge of Theft by Check. From what I can ascertain via online resources, the check was issued in 2011/2012. The Information and Complaint were filed 1/29/2013.

I believe the check was issued on an investor checking account that was closed by the bank due to lack of securities in the related brokerage account. I also believe it was issued with a checkbook that was stolen in 2011/2012 (I was robbed at gunpoint near Lamar University), along with a laptop, cash, etc. That said, I have no info related to the check (amount, made out to, etc.) and might have made the payment. I rarely write checks outside of rent and occasionally groceries. Anyway, . . .

I need to have this case dismissed. Regardless of facts, I’ll pay the amount due to an injured party to resolve. I don’t know how reasonable the individuals representing the State will be on this matter. Maybe, if I can determine the injured party I can reach out to resolve the situation, but don’t want to clear up one end without outright dismissa.

Answer

You will need a local attorney. The amount of th check will determine the level of offense. Most jurisdictions will offer dismissal of misdemeanor check cases for first time offenders upon restitution of the check plus court fees. I am not sure if this is the case in your county. You can also call the DA’s office, find out what the total amount of restitution is, and see if you can handle this matter yourself long distance.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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