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  1. #1
    Join Date
    Dec 2006
    Posts
    3

    Default Hot Check in Arkansas

    I had to close my bank account back in October due to some online fraud issues. A few days earlier I had written a check at the grocery store. When I closed the account, the bank manager who was handling this asked me if I had any checks coming in in the next few days. I told her about this check and gave her the amount and check number. She told me that she would transfer it over to my new account.

    Well, obviously she didn't do that because a couple of months later I received a letter stating that I had written a hot check. I called the check place and they told me that they could set up a bank draft and take care of the check and fees. I agreed to this. A few days later it dawned on me that the account information they had was for the old account. I called them back and they said wait a few days and they'll see what the bank says. No one ever contacted me so I assumed it was taken care of. I stupidly never checked my bank statement though to make sure it went through.

    So, today I receive in the mail a notice that a warrant has been issued for my arrest in this matter. It said to report to the police department and I will be advised of my rights and given an opportunity to appear in court on this charge or to plead guilty and pay restitution, fees, and a statutory penalty.

    Does this mean I am going to jail no matter what? It also says "Total Cash Bond $276.56". If I pay that will I avoid jail time? Any advice would be appreciated.

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Hot Check in Arkansas

    It would be helpful to know what court you are going to but you usually do not end up in jail on a hot check. Further, under the Arkansas Hot Check Law it has to be shown that when you wrote the check you knew or should have known you did not have the funds in your account to cover the check. Even if you end up pleading guilty or are found guilty and have to pay you probably would receive probation and you would want to make sure you are sentenced under a provision for expungement of record if you are eligible for it. Truthfully, most of these cases get worked out between defense counsel and the prosecutor and the court accepts their agreement.

    It may be that you could have your case put on the docket and avoid the warrant fee, etc. Depending on where you are if you came in and got served with the warrant you would be given a court date and may or may not be required to post some form of bond.

  3. #3
    Join Date
    Dec 2006
    Posts
    3

    Default Re: Hot Check in Arkansas

    Thanks.

    It's in Sherwood. I called the Police Department this morning and they said I could pay the check and the fee and get a court date. As much as I don't want to go to court, I think this is my best option. Considering that I did have the funds to cover the check in my account at the time.

    Thanks again.

  4. #4
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Hot Check in Arkansas

    I deal with Sherwood quite a bit. Their judge there is real reasonable. Good luck on whatever you decide to do.

  5. #5
    Join Date
    Apr 2007
    Posts
    2

    Default Re: Hot Check in Arkansas

    What was the 276.56 for? Bonding out of jail? I've received this letter also with the same amount on it. I had a 3 dollar check go back that I missed while I was out on 2 months of unpaid disibility from work. I do know from what another guy told me that amount was not the "pay restitution, fees, and a statutory penalty" was not that amount. I hope he correct. I have heard that Sherwood is vicious on hot checks.

    Thenks

  6. #6
    Join Date
    Apr 2007
    Posts
    2

    Default Re: Hot Check in Arkansas

    I found out this mornning that you pay the warrant fee regardless. Anyone know of a good Attorney around sherwood that would handle something such as this? I've been calling lawers in the phone book until I'm blue in the face and they all hanndle bankruptsy or disabaility..THanks

  7. #7
    Join Date
    Nov 2008
    Posts
    1

    Default Re: Hot Check in Arkansas

    i have problems with hot checks in the past my last offense was in 2005 and now i am in trouble again. I have a court date of nov 20 and it is in sherwood. The total amount is around 6000.00 but that is more then one check and all the fees as well. I just want to see if you think the judge will just make pay restutuin or will he put me in jail. I figure they dont have room for something like this in jail. what do you think. Do i need a lawyer.

    Kerry

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