bad check

What is the name of your state? Texas

I bounced a check (on accident,first time ever) and the lady turn it into the DA I paid the check and the adminstration fee but I was told I had to take a bad check class by the county attorney, that will cost 70 dollars and 8 hours of my time. I did not take the class and the result is a warrant issused for my arrest for not taking the class. I have not found any law that states I have to take the class. I wondering if anybody knew of any loop holes or if this is a scarce tatic to get me to pay and take the class. I do not understand how they could have issused a warrant for not taking a class that a judge has not ordered me to take. Thanks for any advise

Sorry. I don't know anything about that law. I wonder if you agreed to something like a pre-trial diversion program but didn't "get it" at the time you agreed OR never understood what the heck you were signing up for in the first place.

Normally a DA can't make you to squat unless you agree to take a program or what ever in exchange for a drop of charges. I can't think of an exception - maybe someone else here can?

I just wanted to say - doesn't it burn your toast that taxpayer money (via the DA - you bet you're paying for it) is used to collect private debt?

I wish I could get my DA to sqeeze my deadbeat ex for all the money I've "loaned" her over the years. But nooooo...

Thanks,

A friend talked to a lawyer and he said the only way I might get out of it is to go court and since they issused a warrant I probably will be arrested and then I will have to have to pay bail and etc. fees to get out (more money then the class) and then it is really up to the county attorney to decide my resitution which will be the class (just another way for the county to make money) unless the judge decides on something different which might be worse then the class, which as we say down here that really chaps my hide. So my hide will be in class Saturday.

[JETX]

Passing a hot (or NSF) check in Texas can be considered as a very serious offense:

Texas Penal Code:
"§ 32.41. Issuance of Bad Check
(a) A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.
(b) This section does not prevent the prosecution from establishing the required knowledge by direct evidence; however, for purposes of this section, the issuer's knowledge of insufficient funds is presumed (except in the case of a postdated check or order) if:
(1) he had no account with the bank or other drawee at the time he issued the check or order; or
(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within 30 days after issue and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.
(c) Notice for purposes of Subsection (b)(2) may be actual notice or notice in writing that:
(1) is sent by registered or certified mail with return receipt requested, by telegram with report of delivery requested, or by first class mail if the letter was returned unopened with markings indicating that the address is incorrect and that there is no current forwarding order;
(2) is addressed to the issuer at his address shown on:
(A) the check or order;
(B) the records of the bank or other drawee; or
(C) the records of the person to whom the check or order has been issued or passed; and
(3) contains the following statement:
"This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution."
(d) If notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent.
(e) A person charged with an offense under this section may make restitution for the bad checks. Restitution shall be made through the prosecutor's office if collection and processing were initiated through that office. In other cases restitution may, with the approval of the court in which the offense is filed, be made through the court.
(f) Except as otherwise provided by this subsection, an offense under this section is a Class C misdemeanor. If the check or similar sight order that was issued or passed was for a child support payment the obligation for which is established under a court order, the offense is a Class B misdemeanor.
(g) An offense under this section is not a lesser included offense of an offense under Section 31.03 or 31.04."

Also:
"§ 31.06. Presumption for Theft by Check
(a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of his intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:
(1) he had no account with the bank or other drawee at the time he issued the check or order; or
(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.
(b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that:
(1) is sent by registered or certified mail with return receipt requested or by telegram with report of delivery requested;
(2) is addressed to the issuer at his address shown on:
(A) the check or order;
(B) the records of the bank or other drawee; or
(C) the records of the person to whom the check or order has been issued or passed; and
(3) contains the following statement:
"This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution."
(c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent.
(d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence.
(e) Partial restitution does not preclude the presumption of the requisite intent under this section.
(f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if:
(1) the actor ordered the bank or other drawee to stop payment on the check or order;
(2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue;
(3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and
(4) the actor failed to:
(A) pay the holder within 10 days after receiving the demand for payment; or
(B) return the property to the owner within 10 days after receiving the demand for return of the property."
Source: [url]http://www.capitol.state.tx.us/statutes/petoc.html[/url]