Q: Is there someone that can be held responsible for the headache this charge has caused me?
About myself: Besides a dismissal back in 2006 for Driving with Invalid License, and now this case, I have no other criminal history.
Recently, I was arrested due to having a warrant for one charge that was due to 2 hot checks I supposedly wrote at HEB, back in 2018.
I was confused and was never informed of this charge before.
Nonetheless, I was searched and arrested and booked in jail.
Since my release, Ive paid bond fees and placed on probation.
After speaking with the Bexar Check Division all week to help me figure out whats going on, they recently informed me that its confirmed im innocent and it was an error.
Even though they wrote "dismissed" and my case status now states "created in error", it was not expunged as I requested.
Additionally,HEB reporting me to the "check system service" has caused me the inability to open a checking account, paying high interest rates and many loses at job opportunities.
Am I entitled for any restitution?
A:
Generally, a person has to pead guilty or "no contest" (which is the same thing as pleading guilty) in order for them to be placed on probation. And if you pleaded either of those, I'd say you are really out of luck. Then I would ask why you would do such a thing knowing you were not guilty?
If HEB wrongfully accused you of writing "insufficient funds" checks, then you may be able to sue them in civil court. If the DA is actually saying these cases were both filed in error, then you will have to file an expunction lawsuit down the road at some point in order to clear them off of your record.
Just realize that none of these things happen automatically. You should hire a lawyer-- yes, I know this means more money out of your pocket probably-- to evaluate your chances of success in the expunction or the civil suit. You talk as if you deserve a lawyer to do this work without pay, which might be right if all you say is true. But thousands of innocent people are arrested and charged every year.
If you are truly innocent of both cases, you should be able to retain a lawyer- maybe on a contingent fee arrangement. Good luck!
A: I would recommend you retain a lawyer and move forward with an expunction.
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