Legal Question in Criminal Law in North Dakota

I need some help.

My boyfriend was charged with writing a check with insufficient funds and he got un-supervised probation and now he got charged with the same crime only 2 months later. I was wondering if jail time is a distinct possibility? The only reason why he was writing checks was so that we could stay ahead of our bills. He wrote the check to a check cashing place and forgot the day that he was supposed to come in and pay it off. He didn't intentionally write the check for it to go through, obviously because he doesn't want any more legal trouble. So any advice that you have to help me would be greatly appreciated. He is the sole supporter for me and my son. He just made a mistake and I know it will never happen again. Thanks for your time.


Asked on 2/12/07, 11:21 am

2 Answers from Attorneys
John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: I need some help.

Thank you for your question.

Your boyfriend could receive some jail time for his second offense, although that would depend on a variety of factors, including the amount of the check, among other things. It makes no difference that he wrote a worthless check to keep ahead of bills, or that he did not really intend to let it be cashed. Although these things may be relevant in a sentencing, they are not a defense to the underlying charge.

Your boyfriend should consult with an attorney, and from the impression conveyed in your message, I presume he may be eligible for a PD (public defender).

Good luck.

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Answered on 2/14/07, 1:57 am
Ross Brandborg Brudvik Law Office

Re: I need some help.

Jail is a possibility, however without more information I can not tell you what he is facing. If you would like to set up a free consultation please contact me either by phone or email. Thanks.

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Answered on 2/12/07, 12:01 pm


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