Passing bad checks is a class A misdemeanor, unless:
(1) The face amount of the check or sight order or the aggregated amounts is five hundred dollars or more;
(2) The issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, in which cases passing bad checks is a class C felony.
5. (1) In addition to all other costs and fees allowed by law, each prosecuting attorney or circuit attorney who takes any action pursuant to the provisions of this section shall collect from the issuer in such action an administrative handling cost.
The cost shall be twenty-five dollars for checks of less than one hundred dollars, and fifty dollars for checks of one hundred dollars but less than two hundred fifty dollars. For checks of two hundred fifty dollars or more an additional fee of ten percent of the face amount shall be assessed, with a maximum fee for administrative handling costs not to exceed seventy-five dollars total. Notwithstanding the costs provided for .
shall be deposited by the county treasurer into a separate interest-bearing fund to be expended by the prosecuting attorney or circuit attorney. The funds shall be expended, upon warrants issued by the prosecuting attorney or circuit attorney directing the treasurer to issue checks thereon, only for purposes related to that previously authorized in this section. Any revenues that are not required for the purposes of this section may be placed in the general revenue fund of the county or city not within a county. Notwithstanding any law to the contrary, in addition to the administrative handling cost, the prosecuting
attorney or circuit attorney shall collect an additional cost of five dollars per check for deposit to the office of prosecution services fund .
All moneys collected pursuant to this section which are payable to the office of prosecution services fund shall be transmitted at least monthly by the county treasurer to the director of revenue who shall deposit the amount collected pursuant to the credit of the office of prosecution services fund under the procedure established pursuant to subsection
(2) The moneys deposited in the fund may be used by the prosecuting or circuit attorney for office supplies, postage, books, training, office equipment, capital outlay, expenses of trial and witness preparation, additional employees for the staff of the prosecuting or circuit attorney, employees' salaries, and for other lawful expenses incurred by the circuit or prosecuting attorney in operation of that office.
(3) This fund may be audited by the state auditor's office or the appropriate auditing agency.
(4) If the moneys collected and deposited into this fund are not totally expended annually, then the unexpended balance shall remain in said fund and the balance shall be kept in said fund to accumulate from year to year.
6. Notwithstanding any other provision of law to the contrary:
(1) In addition to the administrative handling costs provided for in subsection 5 of this section, the prosecuting attorney or circuit attorney may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, which along with the face amount of the check, shall be turned over to the party to whom the bad check was issued;
(2) If a check that is dishonored or returned unpaid by a financial institution is not referred to the prosecuting attorney or circuit attorney for any action pursuant to the provisions of this section, the party to whom the check was issued, or his or her agent or assignee, or a holder, may collect from the issuer, in addition to the face amount of the check, a reasonable service charge, not to exceed twenty-five dollars, plus an amount equal to the actual charge by the depository institution for the return of each unpaid or dishonored instrument.
2006-08-14 14:07:49
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answer #1
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answered by Littlebigdog 4
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The answer is more dependent on the exact charge. Your attorney should attempt to get it lowered to a misdemeanor if possible. Prosecutors do not want to go to trial. So, if you are a gambler, refuse a sentence/plea bargain for any felony charge. Insist on a trial if you are to be charged with a felony. That will get them to think seriously about a lesser charge. But, remember my caveat, you must be a gambler. If they go to trial on the felony, and if convicted, the penalty will be more severe. If you have a decent attorney, he/she knows this. On the other hand, if you are using a public defender (no offense intended), they may not agree to your wishes. Good luck...and, make better decisions in the future for your sake and the sake of your loved ones.
2006-08-14 13:59:43
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answer #2
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answered by homerunhitter 4
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Nothing good. You will have a criminal record and might have trouble getting a checking account in the future. Employers will avoid hiring you. And...you'd be a dishonest thief.
2006-08-14 13:48:13
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answer #3
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answered by *babydoll* 6
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Most likely, you will go to jail for theft.
2006-08-14 13:42:35
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answer #4
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answered by MrsMike 4
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