Will I go to jail for this offense. When I go to court this week what if I do not have the money for the fine? I am so scared about going to jail. Can any one help me witrh this?
2007-06-19 04:23:18 · 11 answers · asked by Rachel H 1 in Politics & Government ➔ Law & Ethics
This is why we have laws. You break them, you are punished accordingly. So if you passed a bad check, you will do jail time. It's that simple. If you do not have money for the fine, you can do prison work to get the money.
2007-06-19 04:28:07 · answer #1 · answered by mustagme 7 · 0⤊ 0⤋
The first link takes you to the statute in question.
The second link tells you that a crime is a class A misdemeanor if the penalty exceeds 6 months in jail (but less than a year as that would make it a Felony). A class A misdemeanor is the highest (or strongest) class. As you can see they also have B and C classes (with C being less than 30 days in jail -max. penalty).
Ok, so if you are facing at least 6 months in jail you have the right to an attorney present at your trial. If you cannot afford an attorney then one must be appointed to you (you must be indigent) which will be a public defender. Why don't you put in a quick call to your local Public Defender's office right now. If you do qualify for their help they will file an "extension" in your case so that they may have time to prepare and you won't go to trial this week. You gotta call 'em today though, they need time to do their thing you know.
Also, from my inexperienced reading of the statute it appears to me that in order for them to convict you they need to prove you "knowingly" passed a bad check. Well, did you? Did you write the check knowing the money wasn't there? Did you write a check from an account you knew didn't exist? Was this a mistake, you thought the money was there and the check was good? I would argue the last one as that should take you out of the class A.
Though I doubt you feel like laughing right now, I think it is funny that they write into the law that the prosecutro gets to charge you a reasonable fee so they can buy office supplies ;D.
Good luck. Get a lawyer.
2007-06-19 04:31:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Jail time is possible if you don't have a lawyer and can't get it worked out. I had the same issue, but mine was because I didn't get any mail for FOUR MONTHS after moving due to continuous and repeated post office error. I got a statement from the Postmaster detailing their mistakes. I got a lawyer. Do you have any previous criminal history? If not, your lawyer can keep you out of jail and give you a two-year probation. Mine was dropped altogether due to the mail situation, but otherwise I was going to get suspended imposition of sentence with a two-year probationary period. They wouldn't've been so lenient if I'd had a prior record or if not receiving the mail had been my fault. You will still need to pay back the money, which the probation will hinge on, so I'd say go to Labor Ready and start making as much extra money as possible. Or file bankruptcy (which is pretty hefty on its own).
2007-06-19 04:28:56 · answer #3 · answered by gilgamesh 6 · 0⤊ 0⤋
If it's your first offense (other than minor traffic violations) and you have a good reason why the check bounced, then I wouldn't worry about it. You may get a small fine, but you probably won't serve time. Explain your financial trouble, explain that it was a simple mistake (paycheck was deposited later than expected, you had unexpected emergency expenses, etc.), if you're a mother then let them know. Don't lie about anything. Dress for court (hair clean and done-up, conservative make up, conservative-looking attire). Speak clearly, succinctly, and use good grammar. Don't be another one of the derelicts in court that day.
If you plead non-guilty at your arraignment and you get assigned a public defender one of the first things he or she will try and do is get you to sign a waiver to waive your right to a jury trial and have bench trial (Judge only, no Jury). Decline this. The judicial system does not have the capacity to have a jury trial for every offense committed or to even take every offense to court. They count on, and need, people to plead guilty, plea bargain, and do bench trials. So, if you plead not guilty and insist on a jury trial, it will be way too much headache for them and you'll probably end up with a nice plea bargain (or perhaps even dismissal). No one is going to go through the jury selection process for a single bounced check. At worst, it goes to court and you get a jury. A jury is much more apt to be sympathetic to your situation than a judge. Most people give in to their fear of punishment/jail too easily and accept crappy deals.
Of course, I'm not a lawyer, so you'll have to take my advice with a grain of salt.
2007-06-19 04:38:05 · answer #4 · answered by EMC 3 · 0⤊ 0⤋
The justice system is working if you're scared of going to jail. Too bad the fear didn't arise when you contemplated passing a bad check. That's stealing by the way. Learn from this. I am never afraid of jail. That's easy when you abide by the law and treat everybody fairly and ethically.
2007-06-19 04:35:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Your chances of going to jail are slim to none if this is your first offense. Hopefully this is your first offense. You will have to pay the money back and a fine and stuff. I had this charge once too. I paid the people who got the check. They held my money order and turned me in. It was Albertsons and this ho named Juana in Miami. She was evil. Karma will get her. I gave her the money right away after if bounced. She held it for three months and said I never gave it to her. Then lied to the DA. What a wretch. I wish for anything she could read this.
Point of the matter, I did no time. Just a class. I did not even have to pay a fine and Albertson's had to send me my money order back! Hahahaha!!
Juana if you are out there, KICK ROCKS you HO!
2007-06-19 04:33:11 · answer #6 · answered by atlantaboi3 5 · 0⤊ 0⤋
Although you have the correct statute posted for you, Missouri is one of the states I am licensed to practice law and there is a current push in the state to not only convict but hand out stiff penalties for pasing bad checks.
I would not be surprised to see you with a minimum 3 months in jail suspended IF you show up with the funds for restitution.
The missouri courts are not taking kindly to this crime anymore.
2007-06-19 05:10:45 · answer #7 · answered by hexeliebe 6 · 0⤊ 1⤋
I am a paralegal. First of all it is poss that you will go to jail. You can ask the judge if he willl extend the time you have to pay the bill back most of the time they will. One good tip be very respectful towards the Judge.
2007-06-19 04:26:45 · answer #8 · answered by LEANN 2 · 0⤊ 0⤋
No reparations, then you do the time.
p.s. you should do the time anyway.
2007-06-19 04:26:05 · answer #9 · answered by eric l 6 · 0⤊ 0⤋
buy your KY now, beat the rush.
2007-06-19 04:55:18 · answer #10 · answered by Anonymous · 0⤊ 1⤋