If a person wrote a check almost 5 years ago for $102.and the check bounced but the person had been paying on the check for the last 3 months, can they still be prosecuted?

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If a person wrote a check almost 5 years ago for $102.and the check bounced but the person had been paying on the check for the last 3 months, can they still be prosecuted?

Asked on February 28, 2013 under Criminal Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Potentially yes--even if a criminal makes good on his or her criminal act (e.g. voluntarily pays restitution), they can still be prosecuted for having committed the crime in the first place.

However, it's not a crime every time a check  bounces; it is only a crime if there was an intention to pass a bad check. If the check bounced due to a simple mistake (e.g. not balancing a checkbook properly) or events beyond the person's control (e.g. a paycheck was late), that's not a crime. To be a crime, there must have been criminal intent.


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