what kind of trouble could i be in for writing checks on my now deceased father’s closed account

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what kind of trouble could i be in for writing checks on my now deceased father’s closed account

I wrote several checks on my now deceased father’s closed account for food for me and my son and his family. I couldn’t let my two grandkids go hungry and I am way below poverty level. A investigator has called me about two of the checks that I wrote at the same store. Also a sheriffs deputy came to my brothers house looking for me and showed him a copy of the two checks and he also told him that I had been arrested a few days earlier in a nearby town for the same thing. I know I shouldn’t have done it but I didn’t know what else to do. I’ve been in jail and I don’t want to go back or even worse it get turned into a felony and go to prison. Please help me in figuring out what to do. I don’t have good enough credit to get a loan to pick up and pay for all the checks. I told the man at the store where I wrote the two that the police know about that I would pick them up but I don’t have the money and I don’t know anyone that I could borrow it from

Asked on July 1, 2019 under Criminal Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have committed one or more of the following offense: theft, from your father's estate, if the checks were honored, because you are not entitled to the money in his account until and unless the estate is properly processed and the money distributed to you; or if the checks were not honored, you stole from whomever cashed your checks or sold you things which you paid for by the checks, and you also committed the crime of passing bad checks. You therefore have potentially committed felonies. You really need a lawyer to help you if at all possible: try contacting Legal Aid or if the won't hep you, contact local law schools, to see if they have an programs where students (under supervision) provide legal help to those who can't afford lawyers, or contact your city and state bar associations and see if they can refer you to an attorney who will help you "pro bono" or for free.


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