Grand Larceny Charge for a Bad Check

My question involves criminal law for the state of: Indiana

So, I wrote a check to cover flood damage to my home for $5640.00 they where not suppose to cash it until I called they did and it bounced. When I had the money there was a misunderstanding about it between me and my spouse, the money got spent. I explained the situation to the company and tried to make a pay agreement they said no. Now they say I am going to be charged with Grand Larceny. Can they do that? How do I take care of this? I dont have alot of money right now. :wallbang:

Did you post-date the check? Did you have a written agreement that the check wasn't to be deposited without your approval? Was any notation to that effect included on the check - and if so, where?

How much time passed between the time you wrote the check and the time it was deposited?

I almost feel like you're trying to run two different stories - "They cashed the check before they were supposed to" and "My wife spent the money without telling me" - but the net effect appears to be that you were not and are not prepared to make good on the check. Is it truly coincidence that the moment you could have called the company and made good on the check, the money was spent? Will your bank statements back up that story?

Unless you're so affluent that burning through $5,000+ is "no big deal", I don't see how there could be a miscommunication of this magnitude with your wife, or how she could burn through that type of money in such a manner that you couldn't have returned whatever she bought for a refund so you could pay your bills. I'm not saying it's impossible, but that's a lot of money to fritter away.

If you have not yet been charged, I suggest that you find a way to come up with the money and pay the bill.

Yes the check was post-dated. There was only a verbal agreement. Time lapse was one week.
The money was not just blown it was sent to our mortgage company to pay ahead. It was a stupid misunderstanding between my husband and I. I have no where to get that kind of money can I go to jail?

I got charge with a forge instrument ( felony ) in NY State . the amount of the check was for $ 1200.00 dollars . the charge was reduce to a one year conditional discharge and full restitution . its been over a year now ,, can i have it removed from public record .. ??? or was i never fully charge ..

please advise ..

David -