If we bought a used car from a dealership and our checked bounced.so we returned the car, can the dealership turn the check over to the DA for theft?

We had the money in the account at the time.

Asked on November 17, 2014 under Criminal Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They can try referring it to the authorities, but there's a good chance they authorities won't pursue it; and even if they due, if you can convince them that you legitimately thought there was sufficient money in the account at the time you wrote the check, you should not face liability, since criminal liability depends on criminal intent (such as an intent to defraud or to pass a bad check), not on simple carelessness or negligence (not accurately tracking all funds and checks).

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