Over the last few weeks there has been a slight uptick in the number of cases prosecuted in local courts for bad checks.
For this week's Judge's Corner, Baker City Judge and Fallon County Justice of the Peace Nicole Brown addressed the seriousness of making sure you have funds in your account before writing a check.
The law says “A person commits the offense of issuing a bad check when the person issues or delivers a check or other order upon a real or fictitious depository for the payment of money knowing that it will not be paid by the depository.
If the offender has an account with the depository, failure to make good the check or other order within 5 days after written notice of nonpayment has been received by the issuer is prima facie evidence that the offender knew that it would not be paid by the depository.”
The consequences for writing a bad check for a small amount can be steep. Judge Brown explained the law says
“A person convicted of issuing a bad check shall be fined not to exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender has engaged in issuing bad checks that are part of a common scheme or if the value of any property, labor, or services obtained or attempted to be obtained exceeds $1,500, the offender shall be fined not to exceed $50,000 or be imprisoned in the state prison fr any term not to exceed 10 years, or both.”
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