Jail Sentence for theft by deception

[trinity_302]

My husband was arrested for theft by deception over 300 dollars. What happened is back in june we wrote our land lord a check. We told her that she could cash it until we told her she could because at the time we didnt have the funds. Well instead of listening to us she tried to cash it anyway. I called the bank and placed a stop on the check, and she took the check to the county attorney. We moved out of the home only weeks later, and she hounded us for the money. We explained to her that she had to right to deposit the check because we told her it was no good. On december 30th my husband was arrested for this and was charged with a class d felony for a check of 573.00. Now my husband is looking a jail time, and he has had no previous convictions or anything. What is the jail time for this, or probation or what happens in a case like this. Im scared that when he goes to court he will go to jail.
Please help

 

[trinity_302]

HELLO!

Can someone please give some advice, everyone keeps looking at this, but noone is posting a reply, i really need some advice!

 

[JETX]

Sorry, but a check is a 'payable on demand' contract. You cannot modify it by saying "this check really isn't good, so don't deposit it". The UCC (Uniform Commercial Code) defines a check as follows:
"(f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order."
Source: http://www.law.cornell.edu/ucc/3/3-104.html#Draft_3-104

So, since it is payable on demand, the landlord was under no obligation to 'hold it'. This issue was further compounded by your placing a 'stop pay' on it. Though you don't say what state you are in (see the RED text at the top of the screen??), some states (like Texas) provide for this stop pay being a criminal matter.

As for the possible 'jail time', we can't tell until you read the RED text.

Finally, I do have to add that I feel that landlord was well within her rights. You wrote a check in JUNE that was not good. You then put a stop pay on the NSF check. The landlord waited SIX MONTHS (until December) to get payment before taking the action that YOU forced her to take. Why didn't you just pay this debt in the SIX months you had???

 

[trinity_302]

I live in kentucky, and in those 6 months we arranged payment with the landlord several times, and all of which she claimed was not good enough. The check was not paid because 1. i was out of a job because i had just had a baby, 2. having the baby left me unable to walk with out a walk, thus no job for 3 months, once i was able to return to work , we talked to the land lord to make payments and she said she wanted it in full and didnt care what it took. Which of course i can understand, but she knew the money wasnt here and she went ahead and done it anyway.

 

[ccarter]

I don't know if it helps or not, but if I were you I sure would have the money for that check when your husband goes to court. It can't hurt, and then throw that checkbook away....you could get yourself into a whole heap of trouble.

 

[mr19]

If it's his first offense he should be ok. I was convicted of a class C felony for theft in oregon. It was my 1st offense and I only got 10 days in jail and 18 mos probation. Not bad considering. I know it's scary but it'll be ok.