Criminal Complaint charges dropped?

2 views 5 answers
I recieved an application for criminal complaint against me for a larceny by check under $250 charge of which I am guilty. I called the company where the check was presented and paid the amount due in full. Do I still have to show up on the court date noted on the complaint? I am on probation for DUI and would like to avoid any further issues at all costs.

Attorney Answers

5
John Kaman ·
You absolutely have to show up in court at the time and date indicated on the complaint. Should you failto do so a warrant will be issued for your arrest. On the plus side, the fact that you have already made restitution will be taken into account by the judge and the DA. Hire a lawyer to go with you; if you can't afford one ask the court to appoint one and good luck.
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Howard Bailey ·
I agree with the assessments of Mr. Kaman. You need to go to Court, and be there on time. Ask for a lawyer if you cannot afford one. Speak about the case only with your lawyer. If you have to enter a plea at this time, say NOT GUILTY (you can always change this later if your atty advises you to). Make sure you tell your lawyer about the outstanding DUI probation before you make any decisions about how to resolve this matter. Good luck. Disclaimer This information is offered for informational purposes only, as I am not admitted to practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.
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Henry Lebensbaum ·
I agree, and bring any documents to court which reflect payment of the obligation. Often, the case may be dismissed on the payment of a fine. If you are concerned about the cionsequences, speak to an attorney. Be careful of what you admit. You should advise your PO about this after consulting with an attorney, but as soon as possible.
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William T HarringtonEmployment / Labor AttorneyBoston, MA ·
Show up to court, unless the store agrees to drop the application and you receive confirmation from the clerk that the application has been withdrawn. You say you are guilty but you are really only guilty of the crime if you knew the check would bounce at the time you pass it. If for some reason, the store still proceeds with the application, bring in proof of payment and make sure the clerk knows this.
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Nicolas Gordon ·
You must appear in court on the day you are scheduled to be arraigned. My office is in Mansfield and I frequently appear in Taunton and Attleboro District Courts. Who is your probation officer? Under what circumstances did you pass a bad check? Feel free to contact me for a free consultation at 774 254 4411. In the meantime, check out my website at: www.thecriminaltrialattorney.com When you are arraigned, the Court will automatically enter a plea of "Not Guilty" on your behalf. If you choose to represent yourself, be careful how you resolve this case because any disposition involving an admission could have serious probation surrender consequences. Whether or not you call me, speak to an experienced criminal defense attorney before resoving this case.
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