Legal Question in Criminal Law in Missouri

Bad Check

Hi. I would like to ask a question. I have a court date next week and i'm wondering what you think may happen when I go. I wrote a bad check five years ago for fifty dollars. I was not aware of this because i moved out of state. I was arrested a few weeks ago for it and given a court date for a misdemeaner. I have never been in trouble before and I,m kind of wondering what to expect. I know you can't give me a definite answer i just want an opinion. Thank you.


Asked on 6/25/05, 2:29 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Bad Check

On your first court date, if you are not represented by an attorney, you will have to wait until your case is called by the judge. Sometimes there are many cases scheduled on the court's docket and you might have to wait for up to an hour or two. Remember that you have to be on time

in case your case is called first. If your case is called and you are not there, the judge will issue another warrant for your arrest. If you are currently on bond, your bond would be forfeited. When your case is called, you should stand and approach the bench or wait for instructions. The judge will ask you how you plead to the charge against you. It is always best to plead "not guilty". Then the judge will give you another court date in order for you to hire an attorney. If you make the mistake of pleading "guilty", and the judge accepts your guilty plea, you will be given a conviction which goes on your record, and the judge will sentence you to either a fine or jail time or both. Or, the judge might order that a pre-sentence investigation is conducted by the probation department and you will have to come back to court on another day to be sentenced. Again, this would be a huge mistake on your part. My advice is for you to hire an attorney, or if you can not afford one, then ask the judge to appoint the public defender to represent you. You will have to fill out an application which will be reviewed by the public defender's office to see if you qualify. Again, the judge will probably grant a continuance and you will need to come back to court on another day. If you have an attorney, the attorney should interview you and then obtain copies of the police report, statements made by you or others, and whatever other evidence the prosecutor has against you. Based upon these things and some other things, your attorney can advise you whether you have a chance to sucessfully defend the charge, or whether you would be better off taking a plea bargain. If this is the case, then the attorney will negotiate the best deal he can get for you which may avoid the conviction and may result with you getting probation. Everything considered, this is not something you should go through without an attorney. If you are not represented by legal counsel, I would be happy to offer my services. I have handled hundreds of similar cases in the twenty-seven years I have been practicing law. You may call me for a free telephone consultation at 314-727-2822.

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Answered on 6/25/05, 4:57 pm


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