There ain’t no good in an evil-hearted woman
And I ain’t cut out to be no Jesse James
And you don’t go writing hot checks, down in Mississippi
And there ain’t no good chain gang
-Johnny Cash and Waylon Jennings
It is against the law in Mississippi to “make, draw, utter, or deliver” any “check, draft, or order” to obtain “money, delivery of other valuable property, services, the use of property, or credit” when you know that you don’t have funds in the bank or financial institution to cover it. Miss. Code Ann. § 97-19-55. It is also against the law to close your account without leaving enough money in it to cover the checks you have outstanding. Each bad check that you write is a separate violation of the law.
What is the punishment for bad checks? Depends on how much.
If the amount on the check is less than $100.00:
- First Offense – Misdemeanor offense, punishable by a fine of between $25.00 – $500.00, imprisonment of between 5 days – 6 months, or both.
- Second Offense – still misdemeanor, but fine goes to $50.00 – $1000.00, imprisonment of between 30 days – 1 year, or both.
- Third Offense – amount doesn’t matter, felony offense. Imprisonment between 1 – 5 years.
If the amount on the check is $100.00 or more:
- Felony offense – fine of $100.00 – $1000.00, imprisonment of up to 3 years, or both.
Restitution to the “victim” is almost always the case, along with costs of court and penalties.
What about post-dated checks?
It is the opinion of the Mississippi Attorney General that a future obligation as to payment of a check is not contemplated by § 97-19-55; therefore, a person who post-dates a check may not be prosecuted under § 97-19-55. Op.Atty.Gen. No. 99-0028, Hudson, Feb. 5, 1999.
What is going to happen to me if I write some bad checks?
Most district attorney’s offices in Mississippi have a “Bad Check Unit,” which assists merchants and anyone who receives a bad check to collect on it. MOST of the time, if you get a notice from the bad check unit, and you act promptly to make restitution, nothing terrible will happen to you. IF you do not respond to the notice, you can be arrested, and, depending on the severity of the offense, your case can be sent to the grand jury just like any other crime. Start looking for a lawyer at that point, if not before.
As always, there are many ways to work out a criminal case. Some bad check cases are totally defensible, so if you believe you have an issue run it by a criminal defense lawyer before it is too late. Give us a call at 601-991-1099. We are here to help.
By Clarence T. "Gup" Guthrie III. Gup is a retired United States Marine artillery officer and J.A.G., and has been lead counsel in over 250 criminal and civil trials. He has defended hundreds of DUI cases. Gup believes that paying clients, or serious potential clients, should be able to contact their lawyer at all times, so he can be reached 24/7 by telephone at 601-991-1099, or emailed at clarence@guthriefirm.com.
Writing bad checks totaling 2000 to a credit union. Agreed to pay in full in four installment. Unable to honor the first payment. Threatened with criminal charges. Need to know all my options
Thank you for contacting my firm. If you need to know all your options, and you would like for me to go over them with you, then you need to contact my firm for an appointment.
I received a letter from the Lamar County DA’s ECU today telling me that I had been indicted by the Lamar County Grand Jury on a “Bad Check Law Violation” and as a result a Capias has been issued. It went on to say that arrest and incarceration can be avoided if I IMMEDIATELY contact the ECU and pay the check in question and related court costs, fees and assessments in full. The letter itself looks fake as the letterhead is a very blury photocopy of Lamar County Sheriff’s Office and has telephone numbers blackened out. The letter was mailed to me in Louisiana by James E Perry Warrants Division of Lamar County S.O.. I haven’t had a checking account in over 10 years so find this strange. Any ideas appreciated.
Why don’t you just call the sheriff’s office and verify it?
I called, talked to DA’s ECU and was told nsf check written in 1998 for $46.55.
There you go, then.