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Worthless Checks in North Carolina

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jerseyguy1214

Junior Member
Spring 98. I am a student at UNC-Wilmington. My permanent address is a home in NC that I visit about once every 3 months. I am living on campus. I write 4 checks for $36 dollars of pizza not knowing there were insufficent funds. The checks bounce and the notices get sent to my permanent address. Since no is living there at the time, I never receive them.

Summer 98. I receive a bench warrant for 4 counts of Worthless Checks.

Fall 98. I go to court. There is no public defender or attorney I can consult with. I speak to the first attorney I see... yes, the soliciter. He says to plead no contest. After all, I did write the checks. I plead no contest, pay a fine of $123 and serve 18 months of unsupervised probation.

The Question: Is the crime to simply write the checks, or is the crime to write the checks with the knowledge that they are worthless? I am constantly explaining this offense of "moral terpitude" to employers. I am receiving a second degree in Education and have to pass the ethics boards criteria. I have serious concerns that this would damage my prospective employment opportunities. Is there any avenue to get this taken care of? Can I get it expunged? Can I get a new trial, especially if the crime is the latter of the two (to do it knowingly)?
 


pojo2

Senior Member
The real problem is that you are irresponsible enough to write checks without knowing your balance regardless of WHERE the statements or letters were sent.
 

panzertanker

Senior Member
pojo2 said:
The real problem is that you are irresponsible enough to write checks without knowing your balance regardless of WHERE the statements or letters were sent.
For a total of 36 dollars!!!

Unfortunately, you should have made a better choice regarding how you handled this situation, BEFORE you plead no contest.
You are now having to try to "undo" what has been done.
I suggest you call a criminal defense attorney and get a consultation on what may be the best avenue to rectify this. Your "moral" explanation is of no interest to anyone but yourself. You were guilty. If this may make the difference in your future career employment, the money will be well spent on an attorney...

Good luck.
 

Happy Trails

Senior Member
jerseyguy1214 said:
Spring 98. I am a student at UNC-Wilmington. My permanent address is a home in NC that I visit about once every 3 months. I am living on campus. I write 4 checks for $36 dollars of pizza not knowing there were insufficent funds. The checks bounce and the notices get sent to my permanent address. Since no is living there at the time, I never receive them.

Summer 98. I receive a bench warrant for 4 counts of Worthless Checks.

Fall 98. I go to court. There is no public defender or attorney I can consult with. I speak to the first attorney I see... yes, the soliciter. He says to plead no contest. After all, I did write the checks. I plead no contest, pay a fine of $123 and serve 18 months of unsupervised probation.

The Question: Is the crime to simply write the checks, or is the crime to write the checks with the knowledge that they are worthless? I am constantly explaining this offense of "moral terpitude" to employers. I am receiving a second degree in Education and have to pass the ethics boards criteria. I have serious concerns that this would damage my prospective employment opportunities. Is there any avenue to get this taken care of? Can I get it expunged? Can I get a new trial, especially if the crime is the latter of the two (to do it knowingly)?
The trial is over you plead "no contest", no do-overs.

Info. links:

http://www.lawdog.com/states/nc/checks.htm
http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/NC/NC-EXP.htm
 

jerseyguy1214

Junior Member
Thank you

I would like to sincerly thank panzertanker and Happytrails for your input. It does seem like I am destined to this.

To pojo, thank you for your opinion.
 

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