NSF Case

My question involves criminal law for the state of: California

Hi everyone,

First of all thank you all in advance for reading and posting to my question, I would really like some answers here, so this is what happened...

I wrote a check for $650 that was for rent, I had the money in my account but I started spending some of it so by the time that they tried to cash it it bounced! This check is mine, from an account that is now closed but wasn't at the time, it was a good account and I had funds in it just not enough to cover that amount.

They issued out a warrant for my arrest which I was not aware of and
I got arrested last week and now I'm out on bail. I'm going to court next week, so basically my question is what am I looking at here? I read that they could give me up to a year in jail for this! :( I really don't want to go back it's horrible, those two days were too much!! Please help me any input will help. I have a daughter that needs me, by the way, I DO NOT have any prior arrests or charges of any kind, this is my first ever aside from a couple of speeding tickets.

Any info will help me I'm very scared, thank you very much for your time and responses.

You're not going to jail relax. But you do need to give more details. How long between the check bouncing and the warrant? How many checks did you bounce, did you close an account with outstanding checks? did you make any attempt at contacting and remedying the check with the landlord.

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Quoting kist

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You're not going to jail relax. But you do need to give more details. How long between the check bouncing and the warrant? How many checks did you bounce, did you close an account with outstanding checks? did you make any attempt at contacting and remedying the check with the landlord.

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Hi,

Thank you so much for taking the time to respond to this. Everything that happened is crazy, here is some of the info you asked for...

The check bounced in May of 2007, but I was paying the rent for my roommates and I, so come June I payed my share and a little extra so technically it was covered in June the check that bounced, but I never got it back, I moved out but my roommates didn't, so no-one was evicted.
The warrant was issued in May of this year and I was arrested last week.

I did receive a letter saying that I had to pay the money but honestly I did nothing about it because I thought that it was covered so I did nothing, I know that's wrong but I'm being honest so you can understand my situation a little better and yes this is very embarrassing for me.

I only bounced 1 check the 1 for $650 and that's it.

I did not close the account with outstanding checks, the account was closed this year. Once again thank you, let me know if you need more info.

At the time the 650 check bounced, what the account balance, 600, 500??

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Quoting BOR

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At the time the 650 check bounced, what the account balance, 600, 500??

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Hi,

It was about 300 or maybe less I really don't remember, so lets say less, it was not nearly enough to cover it. What's going to happen to me? :(

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Quoting scaredincali0922

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Hi,

It was about 300 or maybe less I really don't remember, so lets say less, it was not nearly enough to cover it. What's going to happen to me? :(

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Here is a link I pulled up concerning NSF. It mentions a diversion program, which is basically a "forgiveness" plan. The law is stated "with intent to defraud". Now one could argue there was no inent to since the account was active and had at least half the amount and a mistake of fact happened??

Howver, convincing a judge or jury of this may be very very difficult. If you intend to plead guilty, you can ask to be entered into thier diversion program if this was your first crime. You can attempt to research that some more.



You can be liable for treble damages to the merhcant, as a civil penalty though.


http://72.14.205.104/search?q=cache:...lnk&cd=2&gl=us

Let's assume a diversion plan is not available, for the sake of argument, and you plead guilty and do not consult a criminal defense attorney before hand. Is it possible a jail term may be slapped on you?? Yes, but a minimum one. The MAX penalities do not mean it is an absolute, just authorized by law.

I would not worry too much about any jail time, although that of course is not gospel. If convicted, some other sanctions will be levied against you, such as probation, community service, etc. and "maybe" the max money fine??

IF you can afford to retain an attorney, it may be in your best interest though.

Quote:

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Quoting BOR

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Here is a link I pulled up concerning NSF. It mentions a diversion program, which is basically a "forgiveness" plan. The law is stated "with intent to defraud". Now one could argue there was no inent to since the account was active and had at least half the amount and a mistake of fact happened??

Howver, convincing a judge or jury of this may be very very difficult. If you intend to plead guilty, you can ask to be entered into thier diversion program if this was your first crime. You can attempt to research that some more.



You can be liable for treble damages to the merhcant, as a civil penalty though.


http://72.14.205.104/search?q=cache:...lnk&cd=2&gl=us

Let's assume a diversion plan is not available, for the sake of argument, and you plead guilty and do not consult a criminal defense attorney before hand. Is it possible a jail term may be slapped on you?? Yes, but a minimum one. The MAX penalities do not mean it is an absolute, just authorized by law.

I would not worry too much about any jail time, although that of course is not gospel. If convicted, some other sanctions will be levied against you, such as probation, community service, etc. and "maybe" the max money fine??

IF you can afford to retain an attorney, it may be in your best interest though.

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Thank you very much for your response, I actually wanted you to say that no I would not go to jail but I appreciate your honesty, I guess this happened to me for being careless :wallbang:

I can't afford an attorney so I will seek the PD for advice and help. One more thing, I don't live in that county anymore, I live about 400 miles away, if I get community service will they allow me to do it in my own county or will they put me in jail?

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Quoting scaredincali0922

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Thank you very much for your response, I actually wanted you to say that no I would not go to jail but I appreciate your honesty, I guess this happened to me for being careless :wallbang:

I can't afford an attorney so I will seek the PD for advice and help. One more thing, I don't live in that county anymore, I live about 400 miles away, if I get community service will they allow me to do it in my own county or will they put me in jail?

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You are welcome for the help. Community service will be permitted in your immediate area, as I understand the system. This will be discussed when the time comes.

Good luck!!