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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 01-04-2009, 09:39 PM
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I need a warrant question answered


When I was 18 I had no idea how to use a checkbook, I though it was more like a credit card, you could write it for what you wanted and delay full payment by installment.

In my hometown in Kansas I wrote a bad check to a Tire Co. and moved to N.C. before I came to the realization that my interpretation of a checking account was quite askew.

I have not needed any credit and hadn't checked it for about 7 or 8 years...

NOW... about three weeks ago I pulled for a seat belt violation here in N.C. and come to find out I have some sort of Felony warrant in K.S. for passing that bad check to the tire co. The police said that it was the sort of felony that Kansas wouldn't have me transported back; only if it's a surrounding state (CO, MO, NE or OK).

Now, my question is, if I call up the D.A. in KS and tell him I can pay this debt off or settle or whatever, what will happen to the Warrant for arrest? Will I actually have to travel 1500+ miles to settle some warrant....and why was this a Felony? the check amount was only around $850.00....also if anyone has any advice as to how get this problem waived should I want to enter into the Navy. I had been planning on signing up, but now I don't know if they will accept me.
  #2  
Old 01-04-2009, 10:00 PM
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You defrauded the store out of $850.00. I am sure that if someone stole that much from you it would be a much different story. Do you have the statute number that you were charged with? If you were charged with forgery you could be facing a mandatory minimum sentence of at least 7 months and a maximum of 23 months in jail. The only other way I can see your bad check charge being a felony for that amount is if you were convicted of passing bad checks prior to buying tires and splitting town. The 850 will include civil penalties and court costs. The good news is after you serve your sentence or take care of this issue it is possible to have a waiver to enter military service.
  #3  
Old 01-04-2009, 10:54 PM
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Thanks for the advice. No, I didn't commit forgery, I just passed the bad check...here's the thing, I was never served paperwork for this or any other bounced check, so how could I be convicted of a prior offense?

Also any advice on the question about having to travel back? I've got alot going on, but I do want to clear this matter up. Is it possible to settle this over the phone, how should I go about doing so (paperwork? sending notice to judge of payment?). I simply cannot go back to turn myself in right now.

thanks again.
  #4  
Old 01-04-2009, 11:21 PM
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Quote:
Originally Posted by jhawktransplant View Post
Thanks for the advice. No, I didn't commit forgery, I just passed the bad check...here's the thing, I was never served paperwork for this or any other bounced check, so how could I be convicted of a prior offense?

Also any advice on the question about having to travel back? I've got alot going on, but I do want to clear this matter up. Is it possible to settle this over the phone, how should I go about doing so (paperwork? sending notice to judge of payment?). I simply cannot go back to turn myself in right now.

thanks again.
This charge has gone beyond settling over the phone. You need a lawyer.

Civil Penalties:You are liable for the amount of the check plus an amount equal to the greater of the following: (1) triple the amount of the check, but not exceeding the amount of the check by more than $500; or (2) $100.

Criminal Penalties: Up to $2,500 fine or up to one year in jail or both. Up to $5,000 fine or one to five years in jail or both.


You are probably charged with this:

K.S.A. 21-3707
(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.


Which means you are facing a 5000 dollar fine and one to five years in prison. I don't think you grasp the severity of your charges. This matter should be on the top of your list of "things going on." How could you have been served paperwork? You bounced out of state before the bank could track you down and apparently operated on a cash only basis for 8 years. If you wrote the check on a closed account, that would be considered forgery.

Last edited by ERAUPIKE; 01-04-2009 at 11:31 PM.
  #5  
Old 01-04-2009, 11:43 PM
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Quote:
Originally Posted by jhawktransplant View Post
Thanks for the advice. No, I didn't commit forgery, I just passed the bad check...
Which would be forgery.

Listen, I am not trying to be picky here, but your case will go better if you don't keep trying to find "minimizing" words at every opportunity.

Quote:
here's the thing, I was never served paperwork for this or any other bounced check, so how could I be convicted of a prior offense?
You haven't been convicted. However, they want to come back to convict you.

Quote:
Also any advice on the question about having to travel back? I've got alot going on, but I do want to clear this matter up.
Unless your child needs your kidney and you have already been prepped and are typing this while lying on the gurney waiting for the nice people to wheel you in to surgery, NOTHING is more important.

You are skipping on a warrant. This won't go away and, now that you know about it, you have to deal with it soonest.

Quote:
Is it possible to settle this over the phone, how should I go about doing so (paperwork? sending notice to judge of payment?). I simply cannot go back to turn myself in right now.
You seem to think this is some sort of traffic fine.

You committed felony theft. That's right... the key word there is FELONY.

You want that word to be moved to MISDEMEANOR so that you don't have to explain to your children why you can't vote or own a firearm.

The only way to do that is for you to go to Kansas and deal with it.

Either that, or live the rest of your life wondering if Kansas will ever get a gun ho Attorney General that starts widening the net that will ensnare you.

OR, that you would, someday, like to go back home to visit family and/or friends and hope technology doesn't advance to the point where they start running domestic passenger flight lists through the database and you find cops waiting for you at the gate. Or, of course, that you don't get pulled over and the cops run your license while you ARE home.

Of course, that is just me.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #6  
Old 01-05-2009, 12:10 AM
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The police told me I had been convicted, not charged and have a warrant, but convicted. I asked specifically. I have a felony warrant out right now. I was never served, I am assuming they convicted me with out me being there and that there must be no problem doing so.

I registered to vote in Pender Co. NC in 2008 and I was able to cast. How about that.

And no, it's not on my top to do list. I have ALOT more important things going on right now than trying to figure out how I am going to juggle my masters, a p/t job & a couple girlfriends while spending time in a jail cell waiting to here some CRAP from a judge about how 8 or 9 years ago I wrote a worthless check and that I'm a naughty naughty boy. Then I go to 'debtors prison' only it isn't debtors prison because they banished that along time ago...... it's good ol' regular prison.

Look, I'm sympathetic to the tire co, I want to get them their money. As it stands I stole the tires from them.

I've volunteered with Topeka Youth Project, Pender Christian Services and the United Way. I don't see how I owe society anything, I owe the Tire shop.
  #7  
Old 01-05-2009, 02:56 AM
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Quote:
I've volunteered with Topeka Youth Project, Pender Christian Services and the United Way. I don't see how I owe society anything, I owe the Tire shop.
Volunteer work is not like blue chip bowling. Your reward is seeing the good and joy you've helped others to realize, by giving something of yourself.

I don't know anyone who has volunteered their time, services, or donated work and/or materials because they planned on gaining points they could use to neutralize the effect their prior criminal conduct has had on society. Seeing a tax break yes, seeing criminal charges wiped clean? I've never heard about this type of appreciation reward before.

I also find the following statement completely ridiculous:
Quote:
When I was 18 I had no idea how to use a checkbook, I though it was more like a credit card, you could write it for what you wanted and delay full payment by installment.
You would have had to have been the dumbest of the dumb to believe a checking account worked this way. Didn't you put money into the bank in order to open this account? Or did some random bank just mail you a check book when you turned 18, with a note to have dinner on them? "Here you go Mr. Transplant, your very own checkbook! Just fill in the name and amount you want us to pay and we'll do the rest!"

You knew exactly what you were doing back when you purchased those tires using a worthless check just when you were moving away and it is now catching up to you. Unless you began making minimum monthly "installments" on these tires, your "I didn't know any better/check was a credit card" story is a big crock of steamy DookyDoo.

Contact an attorney who practices in the jurisdiction of the court where the warrant was issued. Have him/her look into the matter and advise you of the recommended course of action. But as was suggested, you need to stop playing this matter off like it is no big deal. I will just add that the, "I didn't know what I was doing when I wrote checks at 18" story is not going to help you, nor is the claim, "I do volunteer work, save dolphins and rescue puppies" going to provide credit against the penalties you are facing for your crime.
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  #8  
Old 01-05-2009, 03:03 AM
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Quote:
Originally Posted by jhawktransplant View Post
The police told me I had been convicted, not charged and have a warrant, but convicted. I asked specifically. I have a felony warrant out right now. I was never served, I am assuming they convicted me with out me being there and that there must be no problem doing so.

I registered to vote in Pender Co. NC in 2008 and I was able to cast. How about that.

And no, it's not on my top to do list. I have ALOT more important things going on right now than trying to figure out how I am going to juggle my masters, a p/t job & a couple girlfriends while spending time in a jail cell waiting to here some CRAP from a judge about how 8 or 9 years ago I wrote a worthless check and that I'm a naughty naughty boy. Then I go to 'debtors prison' only it isn't debtors prison because they banished that along time ago...... it's good ol' regular prison.

Look, I'm sympathetic to the tire co, I want to get them their money. As it stands I stole the tires from them.

I've volunteered with Topeka Youth Project, Pender Christian Services and the United Way. I don't see how I owe society anything, I owe the Tire shop.
That would be incorrect and a violation of your civil rights. The police told you wrong and it would be advantageous for you to just call that county clerk and ask them the disposition of your case. I can not stress to you enough that taking care of this now should be your top priority.
  #9  
Old 01-05-2009, 08:08 AM
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Quote:
Originally Posted by jhawktransplant View Post
The police told me I had been convicted, not charged and have a warrant, but convicted. I asked specifically. I have a felony warrant out right now. I was never served, I am assuming they convicted me with out me being there and that there must be no problem doing so.
You have not been tried.

You have a WARRANT out for your arrest. That means they want you back for trial.

Quote:
I registered to vote in Pender Co. NC in 2008 and I was able to cast. How about that.
Which, of course, means that you WEREN'T convicted.

Quote:
And no, it's not on my top to do list. I have ALOT more important things going on right now than trying to figure out how I am going to juggle my masters, a p/t job & a couple girlfriends while spending time in a jail cell waiting to here some CRAP from a judge about how 8 or 9 years ago I wrote a worthless check and that I'm a naughty naughty boy.
Make sure you tell the judge that you would have taken care of the felony warrant but had just too big a social life. Don't leave out the part about how this really isn't worth your time and that you really don't care how the judge feels about it.

Quote:
Then I go to 'debtors prison' only it isn't debtors prison because they banished that along time ago...... it's good ol' regular prison.
Again, you stole something that didn't belong to you. You didn't use a mask and a gun, but you still stole.

You seem to enjoy minimizing this... like we will all finally GET it that this is really no big deal.

Quote:
Look, I'm sympathetic to the tire co, I want to get them their money. As it stands I stole the tires from them.
That is the first thing you had said correctly.

Quote:
I've volunteered with Topeka Youth Project, Pender Christian Services and the United Way. I don't see how I owe society anything, I owe the Tire shop.
And I heard that Ted Bundy did wonderful things with cheese. Means nothing.

You owe society a debt because you broke the law. Willingly and purposefully. And as long as we are being all self righteous, don't try that "I didn't know how checks work" crap... that sounds as transparent an excuse as they come.

You could have paid back the tire shop... but didn't.
You never WOULD have paid back the tire shop if this didn't come up.
You STILL haven't paid back the tire shop.

You seem to be the new brand of student that believes law is flexible based upon what good you can provide to society along with what you truly believe the law should be.

You are wrong.

You are facing YEARS in prison. On the plus side, a kid like you will still enjoy an active social life. Of course, you will also be traded for cigarettes and/or extra dessert, but a social life you will have.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #10  
Old 01-05-2009, 08:09 AM
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One last point... you do realize, of course, that your student loans may be effected if they find out you are still in school, right?
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #11  
Old 01-05-2009, 12:11 PM
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Thumbs up

Oh boy. Too good to pass that one up
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #12  
Old 01-09-2009, 06:32 PM
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Wink

Unlike most of you morons, my "social life" keeps me off of {apparently stupid} sites like this one for the most part....

Sincerely though: thank you EURAPIKE for your input.

CY..... Wow. It must be rough, you know, what you went through. I couldn't imagine a person's craphole traded for cupcakes and shanks. It's ok if you need to vent and project what happened to you into a very unlikely scenario involving me, I understand...... but not really. By the way, I'm 6'4" & 280, I'm not a kid.

As for the rest of you assheads, thank you for giving me some insight as to what life is like for hacks who are so desperate for validity and self confidence that they go around insulting people in Computerland who asked for facts, not their stupid ****ing opinions.
  #13  
Old 01-09-2009, 06:46 PM
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Quote:
Originally Posted by jhawktransplant View Post
Unlike most of you morons, my "social life" keeps me off of {apparently stupid} sites like this one for the most part....

Sincerely though: thank you EURAPIKE for your input.
Paid the tire company back yet?

Of course you haven't.

Quote:
CY..... Wow. It must be rough, you know, what you went through. I couldn't imagine a person's craphole traded for cupcakes and shanks. It's ok if you need to vent and project what happened to you into a very unlikely scenario involving me, I understand...... but not really. By the way, I'm 6'4" & 280, I'm not a kid.
Oh, don't worry. There are chubby chasers in prison.

Quote:
As for the rest of you assheads, thank you for giving me some insight as to what life is like for hacks who are so desperate for validity and self confidence that they go around insulting people in Computerland who asked for facts, not their stupid ****ing opinions.
Says the guy with the felony warrant.

Oh... paid the tire shop yet?
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #14  
Old 01-09-2009, 06:56 PM
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debtor's prisons.... did someone say debtor's prisons

Can I be the warden
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