Does a Felony = Gauranteed Jail Time?

Question

I just found out that the bounced check crime im being charged with is actually a Class B Felony. Its in the State of New Hampshire... I have never committed a crime before, i have a perfectly clean record and this was all a mistake, one that i failed to resolve. However i also have a good job, a place to live, and a decent future. So my question is, what is the likelyness that i will have to serve jail time? that would ruin everything i have, and probably impair my future beyond what i can imagine, even if it was only for months... Does an honestly good person who made a mistake and has a clean past go to jail? or will they take that all into consideration? Im sorry im just totally freaking out to think i will lose what i have worked so hard for.

Answer 1

if this is the first time, nothing happen, pay for the check and that will be it.

:> peace
.

Answer 2

With a perfectly clean record, a good job and so forth, the chance of you going to jail is basically zero. Resolve the check. At arraignment, ask to speak with the prosecutor. Give proof you have cleared the issue up. Ask prosecutor if they can ammend it to a misdemeanor level offense (this keeps it in the district courts jurisdiction). Ask for a "Continue to be dismissed". This continues your case without a finding for a period, usually 1 year. During the year you have to be of good behavior (no new offenses) and they may have you do some community service at a non profit organization. At the end of the year, the case is dismissed and you don't get convicted of anything. If the prosecutor won't go for this at arraignment, plea not guilty and hire an attorney. Court appointed are fine. One I worked with in the past was Harvard Law educated. Having worked as a prosecutor in NH, this stuff happens every day.

Answer 3

NOOOOO! I am an International Banker for a large corporate financial institution. I know so many people who have bounced sooo many checks, made amends, and gotten fined (some not even that). It really all depends on how long the check has been outstanding, and how far the institution wants to push the legal proceedings. Believe me, they have much more important things to do. It really sounds like you are an honest person with a clean record (which looks WONDERFUL to a judge) who simply made a small mistake. You have nothing to be sorry about, you have every right to be concerned about your future. My advice, like others have said, would be to retain counsel. It sounds like you would be very nervous in court and it would be good to have someone positive in your corner. Just remember- worrying and freaking out is only going to hurt you. You will lose sleep, it could hurt relationships, appetite, and your ability to function. Yes, bouncing a check can have a small effect on your credit report, but that's really all I think will happen, and it's reparable. Try to keep in mind that worrying right now will not solve the problem, it will only make it worse for you to handle in the long run. Take every day at a time and focus on the things you enjoy doing- what will happen will happen whether you worry or not. But consult an attorney; hopefully he/she will ease your mind.
Good luck!!!

Answer 4

I doubt that you go to jail all felonies don't = jail, do you have a lawyer, court appointed or otherwise? You probably don't want to do community service and be put on probation, but those are usually options for 1st time offenders, its better then going to jail for any amount of time, at least ask about these options, probation probably be 1 or 2 years, you just report to a probation officer, pay probation fees, and don't get into any more trouble. I don't know how many hours of community service, might even be asked to pay restitution on the check you wrote, its a tedious process but it beats jail, actually with your "no" criminal background you might be able to pay a fine, or restitution and court cost and not have to do any of the above, if you don't have a lawyer you can ask the presiding Judge.

Answer 5

You have to contact your lawyer to find out what the prosecutor is suggesting and what the judge is requiring. It really all depends on what the judge decides.

My husband has a Class B felony charge and is serving 2-4 years in prison. He may be eligible for parole in after serving 2 years.

My husband and I live in New Hampshire. Welcome to the judicial system in New Hampshire...no one said that justice was fair. You did the crime and you do the time, unless you have a LOT of money and able to afford a really good lawyer!

Many people are in prison and jail for petty crimes up to the major ones. They do have to draw the line somewhere, but in New Hampshire, they prefer to waste tax-payer's money and put people away in prison.

Answer 6

#1. Spell Check. #2. Depending on your economic background, your criminal history, ethnicity, perceived ethnicity, and the state of mind of the Judge, then probably not.

I had a warrant come up in a Southern State, 7 years after moving to NYC. I called the Clerk, who put me directly in touch with the Judge. I explained that I am now married, with kids in NY State, and that while I paid the fines, I paid late, hence the warrant. He cleared it up with that phone call. Remember, small towns are as corrupt as big cities, you just have a better chance at finding a decent person. Good Luck. If you live in NH, then hire a good attorney and deal with the matter. If not, give the clerk/judge a call. Chances are, if you pay back the amount of the check to the person owed, all will be taken care of. Above all else, speak with a NH attny.

Answer 7

Not necessarily, you might be incarcirated until your court date comes up. They won't consider that as "Doing time" unless you or whom ever is found guilty of the crime you're accused of. If the jury was to find the accused guilty, then however long that person was "detained" is actually credited towards the jail time ruling. If you're found not guilty they will release you immediately after the trial. You might want to consult with an attorney just to make sure the laws in your state are identical as here down in the south. Advice is free, check around in the phonebook.

Answer 8

Relax. Take a deep breath and realize that the LAST thing they want to do is take you to trial. They would have to check all your bank statements and it would take a ot of work. My suggestion to you is this (remember I am not a lawyer).

Resolve the issue with the person or company you wrote the check to, pay any outstanding fees or return the merchandise. (this looks REAL good in court).

Resolve all issues with the bank. Pay all fees and make them happy. (looks REAL good in court also)

Set a court date, even if you havent completely paid or resoved all the issues, make sure you have proof that you are actually TRYING.

Go to the prosecutor and tell him or her your intentions and that you wish to plead guilty to a lesser charge like disorderly persons or misdemeanor bounced check.

The judge will say ok as long as you make good on your promise to pay the people back, if you dont, then you are ****** and you could get charged with a felony.

You can hire a lawyer for this if you really want to but you really dont need to. Like I said, remember that the LAST thing they want to do is go to trial, so they will accept a plea bargain.

Good luck and relax.

Answer 9

NH RSA 625:9 defines the classifications of crimes, and states that "A felony is murder or a crime so designated by statute within or outside this code or a crime defined by statute outside of this code where the maximum penalty provided is imprisonment in excess of one year; provided, however, that a crime defined by statute outside of this code is a felony when committed by a corporation or an unincorporated association if the maximum fine therein provided is more than $200."

Answer 10

Your story doesn't quite add up as a class B felony requires intent. The scenario about how you forgot, it was a mistake, etc.., is a wash. You must have shown iuntent on committing the crime for the prosecutor to file charges. Only you know the truth!!

Answer 11

First off you should have dealt with it before it got to this level, but the answer is most likely no. More than likely they will make you pay for the check and court costs and possibly a fine and maybe some probation. I had a check out and i had never gotten into trouble before and they made me pay the check court costs and attend a class about it, with one day's unsupervised probation.