I just got notice today from a police officer that i had a returned check in dec 06 for $55.00 and must appear in court, even if i pay this in full before the court date i must appear in court. Whats involved with a 1st degree misdeam for passing a bad check? This wasnt done intentionally and i didnt know anything about it until this evening, please help me with this, im scared to death, ive never been in any trouble before, and im scared to death to go to court, please only serious answers only.
2007-07-30 13:30:12 · 4 answers · asked by luvdamonkey06 2 in Politics & Government ➔ Law & Ethics
6 months in a county jail
2007-07-30 13:33:08 · answer #1 · answered by 1st Buzie 6 · 0⤊ 2⤋
Hire a lawyer.
First, almost every bank will send you a document to let you know that a check has been presented with insufficient funds. This will come in the form of a letter stating the offense.
Second, the bank will charge you a fee for any check presented when you have insufficient funds. This will appear in your checking account statement.
Third, the party which attempted to cash the check will most likely contact you to make you aware of the situation or will turn it over to a collection agency first before criminal action is taken.
As a result, the court will find it difficult to believe that you are not aware of the check bouncing. By the time it reaches the court system, the court will feel that every opportunity to resolve the issue must have been tried and the judge is most likely to be annoyed by such a petty offense (only in comparison to the other offenses that the courts see, I'm not saying check bouncing is petty) that they are not likely to want to hear you try to defend yourself.
Hire a lawyer and let them speak for you.
2007-07-30 13:55:12 · answer #2 · answered by INNMorris 5 · 0⤊ 0⤋
This really depends on what state you are in. Some states are far more strict than others. I suggest you pay the check before your court date AND take proof of payment to court with you. You could get anything from a fine to serious jail time. It just depends on where you are, your previous criminal history, etc.
2007-07-30 13:34:06 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
It all depends on the state you are in. The best thing to do is try to pay the check before you go to court. Since you have been summoned to court, they have the check and you'll have to contact them. You will have to pay the fees for a returned check and a court cost. Good luck.
2007-07-30 13:40:04 · answer #4 · answered by happybidz2003 6 · 0⤊ 0⤋