A case involving an allegation of bad checks, filed under section 4105 (a) of the Pennsylvania Crimes Code, was dismissed at the preliminary hearing. The case arose from a claim by a local car dealership that a customer paid for car repairs with a personal check drawn on an account with insufficient funds.
The evidence discovered by Erie criminal defense lawyer Tim George revealed that the car dealership agreed to accept payment for the repairs in the form of cash and a post-dated check. However, the dealership then deposited the check without waiting until the date set forth on the check. The dealership never telephoned the customer, a Crawford County man, when the check was returned. Instead, a certified letter was sent to him, followed by criminal charges.
At the time set for the preliminary hearing, the customer produced a copy of the check at issue, together with a statement from his checking account which proved that if the dealership waited to deposit the check as agreed, sufficient funds would have been available to honor the check. As a result, the charge, a misdemeanor of the third degree which is punishable up to a year in prison, was dismissed. Further, the accused was not required to pay any court costs.
No two cases are exactly the same. The facts of each case often are in dispute. You cannot expect that your case will be resolved just like this one. You, however, can expect our best effort, personal attention and a commitment to the defense of your freedom.