If you were charged with theft by check in Austin or Travis County, TX, then contact an experienced criminal defense attorney at The Law Office of Kevin Bennett. We are often contacted by people in Travis County who discover that a warrant was issued for their arrest after they wrote a worthless check.
Important defenses exist when you didn’t sign the check, the payee knew that you didn’t have the funds in the account to cover the check at the time it was written, or the payee decided to accept a “post-dated” check.
We can help you fight the criminal charge to resolve the case under the best possible terms.
Call (512) 476-4626 to discuss your case for writing a “hot check” today.
Process for Obtaining a Theft Warrant in Travis County, TX
If you were accused of writing a worthless check, then it is important to understand the process the check holder takes in initating a criminal prosecution in a theft by check case.
The District Attorney’s Office in Travis County, TX, uses three different forms in theft by check cases. The person holding the check must fill out the appropriate form and return it to the District Attorney’s Office. The three forms include:
- Form 1: “Affidavit for Warrant of Arrest and Detention”
- Form 2: “In the Name and by The Authority of The State of Texas”
- Form 3: “Theft by Check Information Sheet”
The forms can be filed through the mail after the forms are completed and notarized. The forms are then sent to the following mailing address:County Attorney
County Attorney in Traffic CountyHot Checks
P.O. Box 1748
Austin, Texas 78767
Form for the Affidavit for Warrant of Arrest and Detention
This form is used in a theft by check cases in Austin, TX, when a photo identification was made at the time the check was written. Driver’s licenses (any state) or Texas ID cards are acceptable ID’s. The person submitting the affidavit must furnish the District Attorney’s Office in Travis County with name of the person who witnessed the signing of the check.
THE STATE OF TEXAS COUNTY OF TRAVIS
THE UNDERSIGNED AFFIANT, WHO AFTER BEING DULY SWORN BY ME, ON OATH MAKES THE FOLLOWING STATEMENT:
I HAVE REASON TO BELIEVE AND DO BELIEVE THAT
HEREINAFTER REFERRED TO AS THE “ACCUSED”, WHOSE TEXAS DRIVER’S LICENSE NUMBER IS
DID COMMIT THE OFFENSE OF THEFT BY PASSING A CHECK. MY BELIEF IS BASED UPON THE FOLLOWING FACTS, AS SHOWN BY THE APPROPRIATELY CHECKED BLOCKS:
AFFIDAVIT FOR WARRANT OF ARREST AND DETENTION
ON IN THE CITY OF
THE ACCUSED PASSED A CHECK IN THE AMOUNT OF $
PROPERTY (SPECIFY) SERVICES (SPEICIFY) U.S CURRENCY, TO:
AN EMPLOYEE OF
RECEIVED SUCH CHECK IN THE REGULAR COURSE OF SUCH BUSINESS AND WHO PERSONALLY TOLD ME ALL OF THE
FOREGOING FACTS; OR
AN EMPLOYEE OF WHO
RECEIVED SUCH CHECK IN THE REGULAR COURSE OF SUCH BUSINESS AS SHOWN BY ITS BUSINESS RECORDS AND
BY THE SAID CHECK BOTH OR WHICH I HAVE PERSONALLY EXAMINED.
I HAVE PERSONALLY EXAMINED SUCH CHECK THAT WAS NOT HONORED BY THE BANK AND ON ITS FACE SUCH CHECK, THROUGH MARKINGS PLACED ON THE CHECK BY THE BANK, SHOWS THAT:
THE ACCUSED DID NOT HAVE SUFFICIENT FUNDS ON DEPOSIT WITH THE BANK FOR PAYMENT IN FULL OF SAID CHECK; OR
THE ACCUSED DID NOT HAVE AN ACCOUNT WITH THE BANK AT THE TIME THE ACCUSED ISSUED THE CHECK, OR
THE ACCUSED PLACED A STOP PAYMENT ON THIS CHECK FOR TANGIBLE GOODS/PROPERTY. I HAVE PERSONALLY LEARNED THE NAME AND TEXAS DRIVER’S LICENSE NUMBER OF THE ACCUSED:
BY PERSONALLY EXAMINING THE SAID CHECK UPON WHICH SUCH INFORMATION WAS WRITTEN BY THE SAID RECIPIENT OF THE CHECK; OR
BY PERSONALLY EXAMINING THE BUSINESS RECORDS THAT WERE PREPARED BY THE SAID RECIPIENT OF THE CHECK WHEN THE CHECK WAS PASSED; AND FURTHERMORE, AS AN EMPLOYEE OF SUCH BUSINESS, I PERSONALLY KNOW THAT SUCH BUSINESS IN ITS REGULAR COURSE OF BUSINESS, REQUIRES THAT EVERY PASSER OF A CHECK PRODUCE VALID IDENTIFICATION (INCLUDING THE PASSER’S NAME AND DRIVER’S LICENSE OR ID NUMBER) AND THAT SUCH INFORMATION IS ROUTINELY PLACED ON THE FOREGOING ITEM BY THE RECIPIENT (EMPLOYEE OF THE BUSINESS),
I AM A RESIDENT OF COUNTY, TEXAS AND I AM EMPLOYED AT , , TEXAS
WHEREFORE AFFIANT REQUESTS THE ISSUANCE OF A WARRANT OF ARREST AND DETENTION FOR THE ACCUSED IN ACCORDANCE WITH THE LAW.
, TRAVIS COUTNY, TEXAS, IN EXCHANGE FOR (SELECT ONE):
WHO
MERCHANT NUMBER MANAGER’S NAME
AFFIANT
(PLEASE PRINT)
THE INSTRUMENT WAS SUBSCRIBED AND SWORN TO BEFORE ME ON THE _________ DAY OF _________________, ________________, BY THE SAID AFFIANT OF TRAVIS COUNTY, TEXAS, KNOWN TO ME PERSONALLY OR VERIFIED BY PHOTO IDENTIFICATION AS REQUIRED BY LAW IN THE CAPACITY STATED.
(SEAL)
NOTARY PUBLIC, STATE OF TEXAS
ON THIS THE _________ DAY OF _______________________, ________________________, I HEREBY ACKNOWLEDGE THAT I HAVE EXAMINED THE FOREGOING AFFIDAVIT AND HAVE DETERMINED THAT PROBABLE CAUSE EXISTS FOR THE ISSUANCE OF AN ARREST WARRANT FOR THE INDIVIDUAL ACCUSED HEREIN.
___________________________________ JUSTICE OF THE PEACE, PCT.________ TRAVIS COUNTY, TEXAS
________________________________________ JUDGE, COUNTY COURT-AT-LAW NO.____
TRAVIS COUNTY, TEXAS
This article was last updated on Friday, September 15, 2017.
