Fraud, Embezzlement, Bad Checks Issuance of Bad Check

[peter2208]

He has a mental handicap. He says he may have indeed opened the account but that he did not know the check was bad (he was given the check by a relative who told him to open the account). There is an outstanding warrant of arrest issued against him thru a municipal court for this charge. He is going to turn himself in.
1. Is the crime a misdemeanor or felony?
2. Does he have a good defense for exoneration?
3. If I advocate for him at the bail hearing, are the chances good for ROR? (He is non-violent, not a flight risk, wants to resolve the charge.)

 

[Michael Wechsler]

As I said in the other post, you will likely not be able to be an advocate for this man. A decent criminal attorney would likely claim that the defendant did not possess the requisite "mens rea" or "guilty mind" to be guilty of committing the crime. If he did not know the check was bad and it is bolstered by the fact that it came from a credible source and adding in the fact that the man may have a mental handicap -- all of those would be factors that would, on its face, of significant effect in the defendant's favor.

Originally posted by peter2208
He has a mental handicap. He says he may have indeed opened the account but that he did not know the check was bad (he was given the check by a relative who told him to open the account). There is an outstanding warrant of arrest issued against him thru a municipal court for this charge. He is going to turn himself in.
1. Is the crime a misdemeanor or felony?
2. Does he have a good defense for exoneration?
3. If I advocate for him at the bail hearing, are the chances good for ROR? (He is non-violent, not a flight risk, wants to resolve the charge.)