Legal Question in Credit and Debt Law in Maryland

Re: bad check

This question involves a criminal matter, and not necessarily a creditor/debtor matter. I do not handle criminal cases. However, it is my belief that if you show up and meet with the State's Attorney ahead of time, before your case is called, and you bring the money with you, and tell the State's Attorney what your circumstances are, I find it highly unlikely that you will go to jail. If at all possible, can you pay the $80.00 balance to the person or entity you wrote the check to originally? If they accept the payment, that will probably help you. Make sure that you pay with certified funds or a money order no matter what. If you pay the money to the person or entity that you originally wrote the check to, be sure to keep a copy of the money order and get a receipt if you can. I would suggest that you consult with a criminal attorney at LawGuru, if one is available.

Re: bad check

Writing bad checks is a crime under Maryland law. At Article 27, Section 141, there

are numerous acts that constitute the crime. Also, Maryland recognizes the crime of theft by way of

bad check which is a separate offense. Various presumptions are statutorily available for the State to show that a

crime has been committed. Presumptions are not conclusions but must be met with evidence presented by the person being charged. Although this

may seem to be an instance of a person proving his/her innocence, it is not; rather, the evidence to prove the crime is presummed in certain factual instances and this

presumption can be overcome by evidence to the contrary.

The penalty for the crime varies and is based on the value of the property or services taken by the bad check. If greater than $500, then the punishment could be a fine of up to $1,000 or 15 years in jail, or both.

Issuing checks that are less than $500 each but aggregate to $500 and where the total of checks issued to any one party within a 30 day period is greater than $500, then the above penalty may apply. The above penalties are considered felonies. If the property or services are less than $500, then

the penalty may be a fine of $100 or 18 months jail, or both; this is considered a misdemeanor. The court may also order restoration of property taken, restitution of the value taken, and order the payment of collection fees for each bad check.

You should not take this matter lightly. You are STRONGLY recommended to obtain the services of an attorney. If you qualify, a public defender may be available to assist you.

DISCLAIMER: The above provides information about the law and is not legal advice. No attorney-client relationship has formed as a result of this communication and no inference thereof should be taken by any reader of its contents.

When facing a legal matter, internet information is generally insufficient inasmuch as interaction and an understanding of your full legal matter is needed in order to provide legal advice. Where criminal charges apply, you should seek an attorney as

you may face fines, jail, or both as well as other collateral losses such as the right to vote, right to gun ownership, and restrictions on your right to travel freely. Disqualification from certain programs may result from conviction as well as adverse effects upon employment.

G. Joseph Holthaus III, Esq.

(410) 799-9002