Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Question: I have to go to court on a Passing Bad Check charge soon. What will happen? Will I be able to make restitution or will I be jailed?
Answer: Bounced checks happen to most people from time to time, especially in an era of constant ATM withdrawals and paying for purchases with debit cards which deduct money directly from your checking account. In most cases, if you accidentally bounce a check, and contact the payee as soon as you realize the error, they will allow you to pay them the value of the bounced check, along with any service charges which they may have incurred as a result of your check being returned.
If you must go to court, under ordinary circumstances if the bad check passing charge is a first offense, and the defendant was not trying to avoid paying the check, and the check bounced due to an honest mistake or circumstances beyond their control, it is likely that they will be allowed to make restitution – maybe even make payments – as well as being ordered to pay all of the plaintiff’s (the payee’s) legal fees and costs. However, if this is not a first offense, or if the bad check was written intentionally, knowing that it would not clear, then probation or even some time as a guest of the state may be in their future.
Unfortunately, it’s really difficult to predict what will happen, as it depends on so many variables, including the state in which the event occurred, and what events lead up to the filing of legal charges. Passing bad checks is a crime, but for the individual, with the occasional bounced check, it rarely rises to that level.
