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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Criminal Law

State v. S; Judge: Artemus McNeal; Date: November 27, 2007

FACTS: The client (defendant) was charged with two counts of worthless check. She experienced some financial problems, and a co-worker agreed to lend her $1,600.00. The co-worker asked his wife for the money and she gave it to her husband, who then lent it to the defedant. The client was unable to pay the money back as quickly as the agreement required which caused her co-worker's wife to become extemely upset. As a consequence, the client paid not only the money she borrowed, but a substantial amount of interest. After numerous angry phone calls from her co-worker's wife, the client was able to pay back the money in full. She agreed to meet her co-worker and his wife at a bank parking lot and give them the $1,600.00. The client showed up and paid them the $1,600.00. However, $1,300.00 of the $1,600.00 was paid back in cash, and the client never got a receipt from the victim. The victim (co-worker's wife) realized that the cash would be difficult to track, and claimed the debt was never paid. She took her bounced check from the client to the State Attorney's Office, and filled out all the proper paperwork.

DEFENSE: When the victim received the $1,300.00 in cash from the defedant she also received a check in the amount of $295.00. After receiving this money from the client she drove to her bank and immediately deposited the check, and the cash. We had trouble getting discovery evidence (copies of checks) from the State initially, but once we did the copy of the back of the checks exposed the victim's scam. The back of the $295.00 check not only revealed the date and time of the deposit, but also the additional $1,300.00 deposit made in cash. These records matched against our client's bank records showed the victim was lying about the payment.

RESULT: The Nolle Prossed (dismissed) all charges.