Port Saint Joe, FL asked in Personal Injury for Florida

Q: I was arrested for a bad check my father wrote, we share the same name. He is disabled and I went to the store for him.

My father is disabled and I have to go to the grocery store for him. A check bounced, he was informed and tried to recover the check, they said they could not find it. Months later I was arrested for the check. It was my father's, and he tried to get the check. We share the same name, I am the third. They stated my license was on the check and they asked for ID none of this is true. Next thing you know I'm going for a ride up to county for a warrent for my arrest.

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: You did not ask a question, but I guess you want to know what should be done about this, and perhaps you want to know if you may make a claim for money damages due to wrongful arrest. If the criminal case is still pending, you must focus on getting yourself cleared of the charge, which means you must have a criminal defense attorney. Seek a free consultation with attorneys in your geographic area, and if you cannot afford the fees quoted to you, determine if the Public Defender's Office (or similar office) will be appointed to represent you (for free). If the end result is you being totally cleared (without any plea bargain), consult an attorney handling civil rights matters to evaluate whether you have potential money damages claim, either against the entity employing the arresting officer or against the store. You may or may not have a potential claim, depending on a number of factors.

Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Your attorney should be able to get a copy of the check from the prosecution. If the store still can't find it, the State doesn't have much of a case. Your father's bank should also have the check. Ask the bank if it does and see if your license is indeed on the check.

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