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Q: If I have a criminal case filed against me for
hot checks and I pay them off will my case be dismissed? |
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A: Once a criminal case has be filed, the mere payment of
restitution will not cause the case to be dismissed. Generally, you still
will be required to make a bond and appear in court. |
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Q: What is a "D. A. Courtesy Letter"?
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A: Because the D.A.’s office is aware that some hot
checks are written by mistake, we often mail a "Courtesy Letter"
to the check writer advising that a check has been filed with this office
and suggesting restitution should be made. If restitution is promptly made
and the state fees paid then no criminal case will be filed and no criminal
record created. The D.A.’s office is not required by law to send any
notification, and letters are not sent to check writers against whom a case
is pending or who have had prior check problems. |
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Q: What if I did not get a "Courtesy
Letter", can the D.A.’s office still file on me?
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A: The D.A.’s office is not required to send any
notification regarding the receipt of a hot check complaint, but does do so
in certain cases, (see question 3 above). If a letter is sent and the time
limits set out in the letter have expired the office can file a criminal
case. Under law the letter is presumed to have been delivered within 5 days
after it is mailed. |
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Q: I wrote a check to a merchant but I later put a
"Stop Payment" on it because I did not want it to be returned as
"Insufficient Funds", can I still be filed on?
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A: Yes. |
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Q: Will I have a criminal record if I pay off my
checks after they have been filed at the D.A.’s office?
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A: If you promptly take care of your checks and state
fees at the D.A.’s office before a criminal case is filed there will be no
criminal record created on the matter. |
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Q: The merchant did not notify me about my
"Account Closed" check can the D.A.’s office file a criminal
case against me on that check? |
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A: By statute the merchant is only required to provide
notice on "Insufficient Fund (NSF)" checks. There is no required
notice on "Account Closed" or "No Account" checks. |
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Q: I did not receive a notice letter from the
merchant about my "NSF" check because I had moved and they had
sent the letter to my old address printed on the check, can I still be
filed on? |
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A: The law only requires the merchant to attempt to send
notification to the "last known address" of the check writer, in
this case the address on the check. |
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Q: I have never had a criminal problem before and
I just "messed-up" with my checks, and also, I ignored all the
letters and now I have a hot check case filed against me. I have the money
to pay off the checks now, can you help me stay out of court?
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A: The D.A.’s office does have a "First Offender
Program" for hot check writers. You should contact the office at
817-884-1603 for details on qualifying for this program. |
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Q: Why won’t the D.A.’s office give me my
checks back when I have paid for them? |
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A: Checks filed with D.A.’s office are evidence in a
criminal complaint and must be maintained for audit records as well. |
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Q: I let my room mate use my check book to buy
groceries for us. I let him sign my name to the checks. There was no money
in the account. We have broken up and I now learn that there has been a
hot check case filed against me. I want to claim forgery as a defense, can
I? |
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A: No. Not only did you authorize the room mate to use
and sign your check you also enjoyed the benefits of the transaction and
therefore are liable for the consequences. |
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Q: What if I want a listing of my checks filed
with your office? |
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A: Yes, but you must appear in person and have a state
issued photo-ID, (i.e., driver’s license or state ID card with photo on
it). |
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Q: Can I pickup a printout for another person?
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A: No, because of privacy laws, printouts may only be
released to the check writer or their attorney of record. |
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Q: I know my adult son has checks filed at the
D.A.’s office, can I find out to whom these checks are written to and
for how much? |
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A: No. But, we can tell you that checks have been filed
and the total amount owed in restitution and fees. |
