If I contact the place where the check was written and take care of it before the court date can the charges be dfropped so I will not have to appear in court in Virginia?

Answer 1

The direct answer is yes. Once "restitution" has been made, prior to the court date, the case may be dismissed. BUT....You will still have to appear for the court date. The reason is that once a case has been filed, you have to respond to any and all dates, trials, and informational requests. Please keep in mind, that it takes a while to actually get a "bad check" case into the courts. First, depending on the jurisdiction or state, many banks allow a check to hit the bank twice. That averages 2 weeks to accomplish. Then, the vendor/person advises you that the check didn't clear. If you fail to pay with in 7-10 days, then it goes to either the police, or the Clerk of the Court for the complaint. The police, (dependant on jurisdiction) will send you a letter advising you that a complaint has been filed, and will give you any where from 10 business days to 30 days for you to pay the complainant. If you fail to do that, then the case is forwarded to the State's Attorney's office for criminal charges. Then you are advised that a case is pending, and given a case number and court date. If you fail to respond, then a bench warrant will be issued for your arrest. Now, keep in mind that it could average 30 to 90 days to recover the funds for a bad check. In many instances, the Judge could possibly force you to pay court costs and fines and also force you to pay up to three times the amount of the check. So, once the case has been filed, it pretty much isn't dependant on the complainant if the state wants to pursue you further to recover the costs/fines. I would advise your to seek the assistance of a licensed attorney to determine what needs to be done in order to have the case discharged/dismissed. There are some states that will allow your attorney to act on your behalf, so you won't have to be there in person.