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Where do you think venue is proper? D mails check from Brazos Co. It bounces. He refuses to make it good. Victim lives in Washington Co. Since it was written in Brazos Co, should they get it or since it was mailed to Washington Co, should we get it? I ran this through the search engine & didn't find any answers. Thanks for your help. | ||
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Member |
Do you have the postmark to show that it was sent from somewhere in Brazos Co.? I tend to think it would be easier to prove that part of the offense which occurred in Washington Co. since that's where the victim is, where the check was delivered, and where the check bounced. Otherwise, Brazos Co. has to prove by preponderance that it was actually sent from Brazos Co. (that may not be hard to do, but if you don't have the envelope or some other evidence linking D and the check being mailed from Brazos, it might). Other evidence you might consider as proving Brazos Co. might be location of the bank the check was drawn on, the addresses of the D and the bank on the check, the D's ankle monitor that won't let him leave Brazos Co., etc. (how's that for outside the box thinking? ) | |||
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Our victim lives here. I just wanted to be sure we wouldn't lose because defendant mailed it from Brazos Co., where his business is located. Thanks! | |||
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Member |
The Theft venue statue. Prosecute him where the victim lives if you are going with Theft by Check. But if you are going with Issuance of a Worthless Check then the "issuance" probably took place in the defendant's home county. | |||
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