How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Hammer O'Justice Your Own Question

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4024
Experience:  9 years legal experience, primarily in criminal justice
12176198
Type Your Criminal Law Question Here...
Hammer O'Justice is online now
A new question is answered every 9 seconds

I am being charged with Check Deception in Indiana, a Class

Resolved Question:

I am being charged with Check Deception in Indiana, a Class A misdemeanor. I received a summons to appear in court on Thursday.

I need to know what to expect. I have never been to court, never had a run-in with the law besides a speeding ticket. I did write the check knowing the funds weren't in the account. I just figured it would overdraw the bank, and I could pay back the bank asap. I had no idea it was a crime and now facing up to 1 year in prison. That's very scary.

What can I expect in this court hearing? What should/can I do?!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.
Basically, the prosecutor will make you an offer and you can plead guilty or not guilty. If you feel the plea offer is reasonable, you can accept it and plead guilty. For a first offense of this nature, you will likely get some sort of probation and have to pay back the value of the check. If you don't want to plead guilty or don't like the offer, I would suggest that you then ask for a postponement to get a lawyer. Even if you can't afford one, you can apply for the services of the public defender.
Customer: replied 5 years ago.
So would it be in my best interest to plead not guilty and then hope for a plea? If i plead guilty, will I just be sentenced to some sort of jail term? And last question...what would the probation be like...probation from what? Sorry for all the questions. I don't mind a probation or any punishment - just scared to go to jail even for 1 day and want to avoid that at all costs.
Expert:  Hammer O'Justice replied 5 years ago.
If the offer is good, you can plead guilty. You will be sentenced to whatever the plea offer is, and with a first offense, will most likely be probation rather than jail. I normally think everyone should get a lawyer, but with a first offense, you will likely get the best plea offer possible anyway even without a lawyer.

Probation means you will be supervised rather than in jail. You will likely have certain conditions that you will have to complete, likely restitution and possibly community service.

If the offer is jail, then I would suggest pleading not guilty and coming back with a lawyer, but I think a jail offer is unlikely with no record.
Customer: replied 5 years ago.
Last question then I promise I'll send payment! They have a letter from the bank stating that I had knowledge the check wasn't good - so with this proof from the bank, what are the chances they will say "screw your not-guilty plea we have proof and are going to stick it to you!" Thank you so much for your help, I will send payment immediately after this question.
Expert:  Hammer O'Justice replied 5 years ago.
If you plead not guilty and request a trial, then upon your conviction you will likely get a sentence that is worse than your plea offer...if you are in fact convicted. That is why I suggest getting a lawyer to handle your case if they want jail time as part of the plea.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4024
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 13 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.