What can happen if a person regarding fleeing a state to avoid paying on a bad check and they are arrested?

Some years ago, a friend of mine wrote bad checks in AL, was arrested, promised to make restitution, but then moved out-of-state to avoid paying it. Her ex-husband is moving back to AL and wants to get her arrested. Is fleeing a state to avoid paying restitution something she can be extradited for? Can they come after her from AL to the state where she lives now? He will testify that she moved purposely to avoid paying and stated that she had no intention of ever paying them back.

Asked on September 10, 2010 under Criminal Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The restitution was, I am sure, a condition of probation.  A violation of probation can result in the reinstatement of charges and serving the sentence that was imposed. It will also depend on the amount of the original check.  If the check was under $500 then most likely only a fine commensurate with the amount and restitution were the criminal penalties imposed.  If over $500, then a hefty fine and up to 3 years jail time could have been imposed.  She most likely has a warrant out for her arrest if she has violated the probation. All states can extradite to each other.  Do they?  Sometimes, depending on the crime. I would consult an attorney in your area on the matter as soon as she can.  She needs to strike before her ex.  Good luck.


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