Legal Question in Criminal Law in Ohio

If you pay restitution for a NSF check, but have been charged with bad check, do

The check that I used to pay my city taxes did not clear the bank due to my own banking error. Not being the best accountant, I didn't realize it until the city sent me a certified letter about it. I paid the bill and bank fees within days. The same day that I mailed the payment out in a oney order, I recieved a certified letter that the city filed charges on me. My question is that if I ay the court costs, will anything show up as a criminal charge or am I doe with this issue? Should I involve an attorny? The city presecutor told me that I was automatically considered guilty when my check did not clear.


Asked on 5/29/05, 4:39 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: If you pay restitution for a NSF check, but have been charged with bad check

If you simply pay the fine and court costs it means that you have pleaded guilty to this offense. I doubt if you are "automatically" guilty if it was truely a banking error. Most ordinances have a requirement that you intend to defraud the city by not paying your taxes.

This could potentially be serious. I would get an attorney who is experienced in criminal defense work to help me with this matter. There should be plenty of lawyers in your area who can help you.

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Answered on 5/30/05, 8:23 am


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