QUESTION

Hot checks

Asked on May 15th, 2013 on Criminal Law - Texas
More details to this question:
Was recently stopped by police then arrested for an outstanding warrant on a hot check I wrote back in 2005. Amount of check was for $21. What does it cost to hire an attourney to fight this and get it off my record. Am in texas
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1 ANSWER

Assault Attorney serving Richardson, TX
2 Awards
A theft by check is a crime can cause a serious problem regardless of the degree of the offense. In Texas a $21 hot check is a Class C crime punishable by fine only. You cannot be sentences to jail time and can only be jailed for non-payment of a fine. There are several way for it to be handled and the lawyer fees charged will depend on how important keeping a clean record is to you. First the case can either be tried to a court or a jury if the facts warrant it. If not a plea for deferred adjudication is necessary to create the opportunity to remove the arrest and sentence from the record. Done properly, the cost may be from several hundred dollars to several thousand. If the case can be dismissed without trial there will no conviction on the record but the charge and arrest will be on the record. The cost for a dismissal will be in the low end of the fee range. If trial, the fee will be higher and if it is won you can file for an expunction which causes the record of arrest and filing to be destroyed. Here you will pay for the trial and expungement. The expungement is the most expensive as it is a new lawsuit with a filing fee as well as attorney fees. I hope this helps as an guide to the possibilities available to you. 
Answered on May 15th, 2013 at 4:00 PM

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