| In the fall of 2007, WNY separated from his wife. She had arranged for "her" mail to be forwarded to her new address. Unfortunately, the U.S. Postal Service confused the request with a "family" forwarding notice. As a result, mail addressed to WNY was forwarded to his wife.
In all this confusion, WNY "bounced" two checks to Publix, one in Martin County and one in St. Lucie County. He received a "deferral" offer from the Martin County State Attorney for which he immediately signed up. He also paid the check - the only one he was aware of.
There was another check which had not been "deferred". WNY was not aware of that until being arrested on April 18, 2008. At that time, he retained Jeffrey H. Garland.
Attorney Garland requested all relevant financial documents for review. It was apparent that the check "bounced" when funds were in the account the following day. Indeed, the check was returned when funds were actually sufficient to pay it.
Fortunately, WNY reconciled with his wife and was able provide the necessary documentation. Attorney Garland submitted the materials to show these facts to the prosecutor.
Under these circumstances, the State elected to nolle prosequi the bad check charges. |