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ethansmommy · Nov 19, 2008, 01:29 AM

Okay calling myself a "victim" might sound dramatic to some but that's how I feel. Let me give you some background. I am 24, live in ky, married <hubby has a great job>, two kids, decent credit score, house is paid for, you know we're not rich or anything but we've got it pretty decent.

Back in may I was about eight months pregnant with my daughter my husband had gotten off work and went to fill his car up and his debit card was declined. Now I always go on fridays and deposit his check into the bank and on the fifteenth of every month I put his bonus check in the bank so I "knew" that funds weren't the problem. He even went in the store to try to pay thinking that the gas pump card readers were messed up and of course declined. Luckily he had some cash on him so he got gas and came on home. The next morning I went to the bank to see what was up with the card and my bank had been overdrafted by like 400 dollars. It wasn't that someone had stolen a ck book or a debit card but someone had just written down my routing number and acct number and was using it online and we had just lost close over a grand because the six hundred plus dollars that we had in the bank was gone plus some. I don't really do a whole lot of checking my bank acct online so this apparently had been going on for while and my bank was pretty much paying all my checks that came through and just piling on the charges. I live in a tiny town with only three grocery stores and I always shop at the same one. They all know me there <i think mostly because I have the wildest three year old little boy that ever comes through there> and I always shop three or four times a week and always write a check. So of course all the checks that got returned were to there and there were five of them I think there were no big ones at all none of them were even close to a hundred bucks. I called the manager up because we're on a first name basis let her know what was going on. She said they send their returned checks to a check recovery center and if they're not able to obtain funds then she would get the checks back and give me a call or send me a letter. My bank had agreed to pay the outstanding checks and try to get my money back and I never heard anything else from the grocery store so I just assumed everything was paid and I was good.

In August I got a letter from the county atty that they had been turned over to him so of course I FREAKED. They had added a 50 dollar returned check fee and a 50 dollar prosecutor fee. Well I went in the day I got the letter and spoke with his secretary and explained the situation. I had a four week old baby and of course my three year old and I was scared to death I was going to go to jail or something so I asked what I could do to make sure that didn't happen. She told me just to make a payment until we could get this all cleared up, so I did. Then I went in the next two fridays and made payments all the while trying to get this cleared up with my bank. My bank said they were going to take care of the charges because they were supposed to pay them anyway well now it's November and the other day I got papers that I have to go to court about this two days before thanksgiving. I have NEVER been and any trouble in my life. I wrote these checks and I will pay them if that means not going to jail or anything. I am so scared is there anyone who has any idea what's going to happen?? Should I try to talk to the county atty I know him fairly well or talk to the manager of the grocery store? Should I plead not guilty? Should I explain this all to the judge? Is there a chance I'm going to go to jail and not be with my kids on thanksgiving? Sorry I know this is long but I appreciate any help I can get.

excon · Nov 19, 2008, 08:02 AM

Hello mom:

Don't talk to the county attorney!! Talk to a lawyer instead.

excon

PS> If you misunderstood my earlier advice, let me repeat it for you. DON'T TALK TO THE COPS!!

PPS> No, you won't go to jail, UNLESS YOU TALK TO THE COPS!!

PPPS> The county attorney, for all practical purposes, IS A COP!!

Fr_Chuck · Nov 19, 2008, 03:39 PM

1. listen to excon, don't talk to the police without an attorney.

What happened, when you called the police on the theft from your account, and when the bank returned all of the money to this account for the stolen money?

ethansmommy · Nov 20, 2008, 04:26 AM

I never had to talk to the police about the stolen money. Because someone had my routing number and acct number the only way to protect myself was to close that acct and reopen one with a new acct number. This whole time I just assumed the bank had paid the checks. I haven't had to talk to any police and I don't think I'll have to. I just got a criminal complaint I think it's called and I have to go to court.

Are you guys sure I'm not going to go to jail?

ethansmommy · Nov 23, 2008, 12:24 AM

Just wondering if anyone has anything to add on this?? I have court on Tuesday and I'm terrified.

JudyKayTee · Nov 23, 2008, 11:09 AM

Originally Posted by ethansmommy

just wondering if anyone has anything to add on this??? i have court on tuesday and i'm terrified.

Yes - without an Attorney you're at the mercy of the bank/Police/anyone else who is involved. These are serious charges. You need an Attorney.

You said your house is paid for and your husband has a great job - pay these people their money and make the charges go away.

ethansmommy · Nov 23, 2008, 12:29 PM

Yeah it's not a matter of paying, I stated in my op that I would pay. My questions I need answered are:

With this being a misdemeanor charge and never having been in any sort of trouble and living in this town my whole life. What is likely to be my sentence? Am I looking at any jail time?

Should I explain the whole situation to the judge?

Should I even plead guilty? Because in ky the bad check law is theft by decepion and it states that someone KNOWINGLY writes it knowing that I won't b honored. When I wrote it I had the money in the bank to cover it.

I'm not sure if the judge wants to hear a big explanation of why or how so I don't know what to say or do.

JudyKayTee · Nov 23, 2008, 01:58 PM

Originally Posted by ethansmommy

yeah it's not a matter of paying, i stated in my op that i would pay. my questions i need answered are:

with this being a misdemeanor charge and never having been in any sort of trouble and living in this town my whole life. what is likely to b my sentence? am i looking at any jail time?

should i explain the whole situation to the judge??

should i even plead guilty? bc in ky the bad check law is theft by decepion and it states that someone KNOWINGLY writes it knowing that i wont b honored. when i wrote it i had the money in the bank to cover it.

i'm not sure if the judge wants to hear a big explanation of why or how so idk what to say or do.

They are going to go forward with this if the money is paid back? That surprises me. These questions are why you need an Attorney to explain to the Judge in LEGAL TERMS and ask for a dismissal.

And, yes, if you go alone take along your proof and explain clearly, concisely.

Never enter a guilty plea unless you are.