Cases prosecuted by citation are tried in the Magistrate Court, unless the accused demands a jury trial. In that event, the case is transferred to the State Court for trial. […]
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What is a bad check arrest warrant and in what situation is it issued?
A bad check arrest warrant is an order of the court directing any duly authorized law enforcement official to arrest the person named in the warrant for the offense. The […]
What is a bad check citation and in what situation is it issued?
When a citation is issued, the accused maker of the check will be notified that prosecution has commenced. The accused can dispose of the case by paying the check, service […]
Are there forms that I must fill out?
Depending on the particular check, you will be asked to fill out an application for an arrest warrant. These forms are available in the Magistrate Court Clerk’s office.
What information should I bring to court to start prosecution?
Bring with you the original check and a copy of the check (front and back), a copy of the ten day letter, the certified mail receipt or returned letter if […]
What steps should be taken to ensure a bad check can be collected?
Be sure employees have followed all items on this checklist: 1. Keep a permanent record of home address of the clerk who actually received the check. This person will be […]
What is meant by present consideration?
The check must have been tendered for either wages or present consideration. The offense of deposit account fraud is analogous to a theft of the item or services received through […]
What reasons for dishonor of the check will support a criminal prosecution?
The check must be dishonored by the drawee for one of three reasons: 1. No Account This is based on the status of the account at the time the check […]
Where should the offense of deposit account fraud be prosecuted?
The proper venue for the prosecution of the offense of deposit account fraud is the county in which the check was presented. This is true regardless of where your home […]
What are the elements of the offense of deposit account fraud?
a. Dishonor of the check – the check must be dishonored by the drawee (who the check is made out to) for one of the reasons set forth in the […]