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on a single charge for a bad check in south carolina will I
Sent to Legal Experts July 17 06:57 PM

on a single charge for a bad check in south carolina will I need a attorney? This is my first and only offence I have paid back the people in which the check was made to. Am I going to jail?

 

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anderson, South Carolina

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nothing

Customer (name blocked for privacy)
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July 17 7:08 PM (2 minutes and 19 seconds later)
         
No I am just going by what the company where the check was written. They stated that I would get a letter in the mail with my court date.
Answer
July 17 7:43 PM (22 minutes and 36 seconds later)
         
ACCEPTEDCheck Mark
Okay, I found the code section which fits your issue. It will depend on the amount of the check to determine the penalty. It contains both a jail time or fine. It would be up the court to decide what you be the appropriate penalty. Although I cannot guarantee what the judge will decide. The fact that you have paid for the bad check and the fact this is the first offense. You are most likely to receive a fine. I always recommend that you have a criminal defense attorney represent you because your attorney would be in a better position to negotiate a lesser penalty with the D.A. than you would if you were on your own.

Below is the punishment for first timers for your review. The rest of the code section can be read here. See section SECTION 34-11-60. Drawing and uttering fraudulent check, draft or other written order.

(a) Convictions in a magistrates court are punishable as follows:

(1) for a first conviction, if the amount of the instrument is five hundred dollars or less, by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than thirty days;

(2) for a first conviction, if the amount of the instrument is more than five hundred dollars but not greater than one thousand dollars, by a fine of not less than three hundred nor more than five hundred dollars or by imprisonment for not more than thirty days, or both;


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1 Other Expert Agrees with this!
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July 17 7:52 PM (9 minutes later)
         
Reply to LawNinvest's Post: Should I wait till I get a letter or shall I go to the court house?
Answer
July 17 7:57 PM (5 minutes and 5 seconds later)
         
REPLIEDCheck Mark
If you don't want to wait for the letter, you can go to the court house to ask if they can provide you with that information, otherwise you can wait for the letter.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.




This is only legal/research information. Consult a local lawyer for specific legal advice. No Attorney Client relationship has been created. Don't Forget To Click ACCEPT.
1 Other Expert Agrees with this!
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July 17 8:01 PM (4 minutes and 36 seconds later)
         
Reply to LawNinvest's Post: I was told that, since it was paid in full is there still court?
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July 17 8:30 PM (27 minutes and 9 seconds later)
         
If I paid the company in full, why am I going to court? Was i to be contacted that there would be a warrent, by mail? I did not receive anything nor did I sign for a letter. Will the warrent be lifted now that, they are paid?
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July 17 8:45 PM (15 minutes and 11 seconds later)
         
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July 17 8:50 PM (4 minutes and 45 seconds later)
         
When would I know that? The letter I am guessing. Should I go the police to let them know that the debt was paid in full?
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July 17 8:55 PM (5 minutes and 37 seconds later)
         
Is there anyway not to go to court if, I hire an attorney? If I am willing to pay the fines.. I am scared of the jail I can loose everything for one mistake.
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July 17 9:11 PM (15 minutes and 31 seconds later)
         
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July 17 9:21 PM (9 minutes and 47 seconds later)
         
Thanks for help.
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July 17 9:29 PM (8 minutes and 4 seconds later)
         
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