Legal Question in Criminal Law in Kentucky

I am being charged with Theft by Deception under $500 which according to the internet is a Class A Misdemenor. It is my first and only offense of this matter. The only other thing on my record are traffice violations. What does this mean for me? The check was for $52 and I did not receive the supeona to court until 3/14/2011 and did not receive the letter from the county attorney's office of the fees and fines until 04/08/2011 and my court date is 04/14/2011. I tried to call the county attorney's office in between 03/14/2011 and 04/06/2011 and left messages and a callback number and never received a call back. It was not until 04/06/2011 that I spoke with the county attorney's office and was informed of the situation. The company accusing me of writing a bad check is a grocery store and they also never contacted me to inform me of the bad check. I did not receive a call or a letter from them.


Asked on 4/13/11, 11:22 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

Well, you've already had your court date, but FYI for everyone else:

This happens all the time.

Most of the time it happens because people close a checking account, don't destroy all of their old checks, then accidentally write a check out of that checkbook, thinking it's the new account. That's writing a cold check.

The company just wants their money, and the county is going to dismiss if you pay it. You should come to court with the money to pay: 1. The amount of the check that was bad. 2. Restitution for the company, which is any returned check fees, etc., they've asked for. 3. Your district court costs. So, suckily, your $52 cold check now costs you somewhere over $200, but that's what happens when you aren't careful.

You always want to make certain that if you are out there writing checks, that your bank offers you overdraft protection to cover any bounced checks. Just about everyone has bounced a check in their lives. Make sure your bank will cover your tail next time!

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Answered on 4/27/11, 8:03 pm


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