Johnson County Worthless Check Lawyer
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Have you been charged with passing a bad check in Kansas?


You made a mistake. You calculated your checkbook incorrectly. You had less money in your account than you thought. You wrote a check expecting your paycheck to be in your account on Friday..but it didn't happen. These are all reasons people write "hot checks". At some point in everyone's life they have made this mistake. But when the error goes uncorrected, you have a problem. Suddenly what was an inconvenience is now a big problem. Now you find yourself getting hauled into court and facing a criminal charge. Depending on the value of the check and/or the number of times a person has passed bad checks, the accused may be facing felony charges.

If you have been charged with passing a worthless check you are probably confused, scared, and have many questions. You have a lot at stake. Your freedom, money, family, criminal record, and job may be on the line. Don't shoulder this burden alone. You need the advice and assistance of an experienced criminal defense lawyer. The attorneys at Copley Roth and Davies LLC are committed to preserving your rights. We offer the type of personal attention and aggressive legal representation necessary in order to obtain the best outcome possible for our clients. At Copley Roth and Davies LLC our attorneys take the time to get to know our client's goals with any given case. We take the time to investigate and evaluate the evidence in your case and give you honest and accurate legal advice. Our attorneys will give you the information that you need so that you can make a careful and informed decision about how to proceed with your case.

If you or someone you love have been charged with Worthless Check,
call (913) 732-3014 for a free consultation.

Look below for commonly asked questions about Worthless Check charges


What is the Kansas Law on Passing a Worthless Check?

The Kansas law on passing a worthless check is:

(A) Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check, order or draft on any bank, credit union, savings and loan association or depository for the payment of money or its equivalent with intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check, order or draft, that the maker or drawer has no deposit in or credits with the drawee or has not sufficient funds in, or credits with, the drawee for the payment of such check, order or draft in full upon its presentation.

(B) In any prosecution against the maker or drawer of a check, order or draft payment, of which has been refused by the drawee on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or on deposit with, the drawee: (1) Unless the maker or drawer pays the holder thereof the amount due thereon and a service charge not exceeding $30 for each check, within seven days after notice has been given to the maker or drawer that such check, draft or order has not been paid by the drawee. As used in this section, "notice" includes oral or written notice to the person entitled thereto. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person's address as it appears on such check, draft or order; or (2) if a postdated date is placed on the check, order or draft without the knowledge or consent of the payee.

(C) In addition to all other costs and fees allowed by law, each prosecuting attorney who takes any action under the provisions of this section may collect from the issuer in such action an administrative handling cost, except in cases filed in a court of appropriate jurisdiction. The cost shall not exceed $10 for each check. If the issuer of the check is convicted in district court, the administrative handling costs may be assessed as part of the court costs in the matter. The moneys collected pursuant to this subsection shall be deposited into a trust fund which shall be administered by the board of county commissioners. The funds shall be expended only with the approval of the board of county commissioners, but may be used to help fund the normal operating expenses of the county or district attorney's office.

(D) It shall not be a defense to a prosecution under this section that the check, draft or order upon which such prosecution is based:

(1) Was postdated, unless such check, draft or order was presented for payment prior to the postdated date;

(2) was given to a payee who had knowledge or had been informed, when the payee accepted such check, draft or order, that the maker did not have sufficient funds in the hands of the drawee to pay such check, draft or order upon presentation, unless such check, draft or order was presented for payment prior to the date the maker informed the payee there would be sufficient funds.

(E) (1) (A) Giving a worthless check is a severity level 7, nonperson felony if the check, draft or order is drawn for $25,000 or more.
(B) Giving a worthless check more than once within a seven-day period is a severity level 7, nonperson felony, if the combined total of the checks, drafts or orders is $25,000 or more.
(2) (A) Giving a worthless check is a severity level 9, nonperson felony if the check, draft or order is drawn for at least $1,000 but less than $25,000.
(B) Giving a worthless check more than once within a seven-day period is a severity level 9, nonperson felony, if the combined total of the checks, drafts or orders is at least $1,000 but less than $25,000.
(3) Giving a worthless check is a class A nonperson misdemeanor if the check, draft or order is drawn for less than $1,000.
(4) Giving a worthless check, draft or order drawn for less than $1,000 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, been convicted of giving a worthless check two or more times.


What kind of punishment am I facing?

This can be the most difficult question. It largely depends on your criminal record. In Kansas, crimes are categorized by their severity level between felony charges and misdemeanor charges. Felonies are more severe than misdemeanors. Both Felonies and Misdemeanors are then broken down further. Felonies are ranked in severity levels from 1 to 10, one being the more serious and ten being the less serious. Misdemeanors are put into four categories Class A, Class B, Class C, and unclassified.

The law on bad checks takes into consideration a couple of factors that affect the severity level of the charge.
1. How many times you have been convicted of passing worthless checks in the past.
2. The value of the check, or how much the check was written for.
3. If you wrote multiple bad checks in a short period of time.

Depending on those factors you can be charged with a Class A misdemeanor, a severity level 7 felony, or a severity level 9 felony. Each of those specific levels has a different possible punishment range also depending on your criminal history.
For example:
Class A = 0-12 months
Level Seven: 11-34 Months*
Level Nine: 5-17 Months*
(* depending on the defendant's criminal history)























How much trouble am I really in?

Regardless of if this is a first time conviction or a subsequent conviction this is very serious matter. Worthless Check charges can carry some lengthy jail times as well as some ancillary negative consequences. A person that is accused of passing a worthless needs to understand that court is not where the final trouble ends. If a defendant gets a conviction for passing a bad check then they will have a criminal record. That criminal record will have to be disclosed on job applications, school application, professional license applications, et cetra. The conviction will follow you around and you will have to explain the criminal charge many times in your life. It will also be used against you to build your criminal history score if you get in any more trouble in the future.
You need to speak with an experienced criminal defense attorney that can advise you on your particular circumstances.



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