Legal Question in Criminal Law in Wisconsin

Bad checks that were paid

I am being charged with writting two bad checks for purpose to de fraude. I did not know at the time I wrote the checks that they would be returned I paid them off but was still charged by the DA now he wants me to pleade no contest / guilty and pay a fine . I dont have a lawyer and dont know what to do. This happend in WI I now live in GA I have to call the court back on the 15th help!


Asked on 12/11/08, 4:58 pm

2 Answers from Attorneys

JAY Nixon nixon law offices

Worthless Checks Prosecution Despite Payment Against Out of State Residency

Worthless Checks Prosecution Despite Payment Against Out of State Residency

You need to retain a WI attorney as soon as possible, who may be able to get permission from the authorities to handle such a matter without your needing to appear. This would assume, however, that you had an otherwise clean record and paid the bounced checks promptly once you found out they had bounced and previously had no reason to believe that they might bounce. The government would have to prove intent to defraud on your part, which could prove difficult for the DA for NSF checks written while sufficient funds were in your account. Failing to balance your checkbook, however, could be sufficiently reckless disregard to prove intent to defraud. First offenders in such cases who are properly represented would nearly always get an offer by the DA to resolve such a case without a criminal conviction, assuming prompt restitution. These online comments are not intended as legal advice; nor do they create any attorney-client relationship between us. Good luck!

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Answered on 12/12/08, 8:28 am
JAY Nixon nixon law offices

Worthless Checks Prosecution Despite Payment Against Out of State Residency

You need to retain a WI attorney as soon as possible, who may be able to get permission from the authorities to handle such a matter without your needing to appear. This would assume, however, that you had an otherwise clean record and paid the bounced checks promptly once you found out they had bounced and previously had no reason to believe that they might bounce. The government would have to prove intent to defraud on your part, which could prove difficult for the DA for NSF checks written while sufficient funds were in your account. Failing to balance your checkbook, however, could be sufficiently reckless disregard to prove intent to defraud. First offenders in such cases who are properly represented would nearly always get an offer by the DA to resolve such a case without a criminal conviction, assuming prompt restitution. These online comments are not intended as legal advice; nor do they create any attorney-client relationship between us. Good luck!

Read more
Answered on 12/12/08, 8:29 am


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