I'm SOOOO scared...can you please help me?

Question

Many months ago, my cat was really sick so I took him to the vet. The check I wrote for the bill bounced and I have not had the money to pay for it. So now, I have a court date tomorrow. It says that check deception is a criminal offense. What is going to happen? I am so scared. Are they goning to take into consideration that I have never done anything wrong and that I just haven't had the money to pay the check off? I am a single mother putting myself through college. Things are extremely tight. If you have any advice, please help me. I have been throwing up all morning because I am so freaked out.

Answer 1

In some states, mostly in the South, bad checks are indeed criminal offenses -- the way they are in France. Bankruptcy against bad checks may be thwarted because a court can order restitution.

It is often possible to avoid criminal responsibility by proving bank error or that while funds were available, unexpected bank charges reduced the balance so the check was unpaid. A criminal conviction requires "mens rea", or intent.

The vet is a jerk for using the criminal law to assert a civil claim, but it's little help to you to belabor that point. You might want to post his name so the rest of us can avoid him.

You really need advice from a pro bono criminal lawyer in your area. There must be charities that provide such help.

Answer 2

Please don't ever avoid things like this thinking they will "go away" because the avoidance of the problem causes new problems.
Depending on the amount of the check and your financial situation, you may qualify for a public defender who can advise you on the best way to get this resolved.
If you don't qualify for a PD, then try to talk to the prosecutor and see if your case can be settled. You will likely owe the clinic the original amount of the bad check plus bank fees plus court filing fees [ if any] as well as a court fine and possibly a co-pay for the public defender or probation, if that is ordered.
A bounced check for 200 dollars can become over 1000 dollars once you add up all the things that accrue when it is avoided.

Answer 3

I dare say that you are fine. I don't know what state you are in, but a friend of mine had a very similar situation and there was no problem at all. They won't throw you in jail or anything. Explain what happened and your situation. If you had more time I'd say consult a local free legal aid office of some kind just to ease your worries, but again I don't think you have a problem here. The court will prolly work something out with you to pay it over time. This is not legal advice.

Answer 4

Explain the situation in detail to the judge just as you did here. You might get a fine, plus court costs, but you do need to pay off the check somehow. If its your first offense and you explain this to the judge if the judge is sympathetic they should usually cut you some slack, and IF you can bring some cash (ANY) towards the bounced check that will help loads. Good luck with your case.

Answer 5

I don't really know much about court things. If the vet is the one taking you to court then there isn't much you can do. If you don't have any priors then there shouldn't be anything that should go on your record. They may take a part of your paycheck every month untill it is paid for. In California I think they can take up to 20 or 25 %. If you have anyone such as your parents or someone you can borrow it from that isn't going to charge you intrest, try to go that route. That should keep you from having bad credit put on you.

Answer 6

check in your state for social services organizations or single parent organizations that will help you with funds for the offense... Also i would strongly advise that you go get a public defender ... which is a free lawyer to help you with the case, they may be able to get a continuance(move the court date) to give you more time and they can argue your case for you. You never want to go to court w/o a lawyer this way you don't get tripped up and agree to do any time in jail or agree to terms set forth by the judge and the DA's office. Good Luck and be calm explain your side of things.. Write it down before you go to court so that you know what you want to say and this way you won't get tongue tied

Answer 7

throw yourself at the courts mercy. Explain what you just said, you're a single mother, putting yourself through school, etc....... check fraud is a very serious offense. To them, you look as though you wrote a bad check, knowingly and intentionally, with no intention to cash it. What you need to do is try to make an araingement to make small ammounts at a time (i.e. $20.00) a month. try your very hardest next time NOT to let a check bouncing get this far. Good luck

Answer 8

Well, it is a criminal offense, but they will most likely take in consideration that youa re a student single mother without a prior history. Altho, you are not goin to be let of scott free most likely. Probably community service.

Suggest next time you double check your balance before hand, because they will probably give you jail time if you do it again.

Answer 9

Calm down sweetie. They will more than likely just work out a payment plan with you. You may have to pay fines & court costs but those can be paid out too. The laws vary by states but you shouldn't go to jail or anything. They can't get your money if you are in jail. Good luck hope this helps. Oh and if you don't stick to the payment plan they set up, then you can worry.

Answer 10

As this is your first offence, explain your actions in detail.More than likely you'll have to pay a fine, court costs, and make restitution. HOPEFULLY, the judge will take your financial situation into consideration and arrange a payment schedule.