Is the penalty given to me for writing a bad check reasonable? 9 Answers as of October 13, 2012I’m on felony probation for a bad check for 5yrs. When I wrote these checks I had an insurance check in my account and would never think I was giving a bad check. So when that check bounced so did mine. I have spent 6 months in jail 5yrs probation and fines over 6,000. In court, my lawyer even had a copy of this check. I think I was done wrong.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Given your credible explanation, I would think that only a mitigated range sentence is foreseeable.
Answer Applies to: Pennsylvania
Mary W Craig P.C. | Mary W Craig
If you received a check in an amount you weren't expecting, the law figures you should have known the company that issued the check made a mistake. And if you then spent money you weren't supposed to have, you have to pay the penalty for doing that. If you were going to give someone $10 and you gave them $100 by mistake, then realized you made a mistake and went to them to get your money back, you wouldn't care whether they had spent it or not. You would figure they knew you were going to give them $10 and took advantage of your mistake. You weren't done wrong.
Answer Applies to: Alabama
Timothy J. Thill P.C. | Timothy J. Thill
Sorry to hear about your bad luck! However, there is little you can do about this at this late date. You should have contested the finding of the court right after judgment was entered, either by refusing a plea deal, requesting a new trial if found guilty after a trial, either bench or jury, or by immediately appealing to a higher court if a motion for new trial was denied, and sentence was set.
Answer Applies to: Illinois
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
You have thirty days to file a notice of appeal on a criminal conviction once it is entered, it sounds like that has passed so I am afraid there is not much to done there. Once your probation has passed and your fines have been paid and you have no more than one other can file a motion with the court to have your record expunged and sealed.
Answer Applies to: Arkansas