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Negotiating a bad check.

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u4ia

Guest
Should I seek an attorney? What are the penalties?


The police came to my house and wrote me a criminal citation for a $10.95 check I wrote to my local convenience store that bounced. I live in oregon and the oregon code on the citation is 165.065/negotiating a bad check. I have to go to court in July. I was notified by the store the check bounced by certified mail and my bank. I did not act on it for three weeks do to embarrassment because I have been going to this store every morning fo Espressos for over three years. I went down and paid the fees and check after the citation. I have no criminal history/never been convicted of a crime.
 


I AM ALWAYS LIABLE

Senior Member
165.065 Negotiating a bad check. (1) A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if:

(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.

(3) Negotiating a bad check is:

(a) A Class A misdemeanor, except as provided in paragraph (b) of this subsection.

(b) Enhanced from a Class A misdemeanor to a Class C felony if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check. [1971 c.743 s.161; 1979 c.594 s.1]

 

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