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What is maximum legal charge in kansas for returned checks…

Customer Question
What is maximum legal...

What is maximum legal charge in kansas for returned checks in district court.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Kansas

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Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
11/16/2017
Lawyer: RobertJDFL, Attorney replied 8 months ago
RobertJDFL
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Lawyer: RobertJDFL, Attorney replied 8 months ago

Good evening,

Here is the Kansas statute. The offense is known as Giving a Worthless Check. The severity of punishment will depend on how much the check was for.

The statute reads in part:

21-5821. Giving a worthless check. (a) Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check on any financial institution for the payment of money or its equivalent with intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check that the maker or drawer has no deposit in or credits with the financial institution or has not sufficient funds in, or credits with, the financial institution for the payment of such check in full upon its presentation.

(b) Giving a worthless check is a:

(1) Severity level 7, nonperson felony if:

(A) The check is drawn for $25,000 or more; or

(B) more than one worthless check is given within a seven-day period and the combined total of the checks is $25,000 or more;

(2) severity level 9, nonperson felony if:

(A) The check is drawn for at least $1,000 but less than $25,000;

(B) more than one worthless check is given within a seven-day period and the combined total of the checks is at least $1,000 but less than $25,000; or

(C) the person giving the worthless check has, within five years immediately preceding commission of the crime, been convicted of giving a worthless check two or more times; and

(3) class A nonperson misdemeanor if the check is drawn for less than $1,000.

If the check is $25,000 or more than than the maximum prison term is 34 months. If more than one check is tendered within a seven day period and the total of the combined amounts is $25,000 or more than the maximum prison term is 34 months.

If the amount of the worthless check is at least $1,000 but less than $25,000 than the maximum prison term is 17 months. The same prison term applies if more than one check is tendered within a seven day period and the combined total is at least $1,000 but less than $25,000.

If the worthless check amount is less than $1,000 than the maximum penalty is 12 months in the county jail unless the same person has two or more prior convictions within the preceeding five years. Then the maximum penalty is a prison term of 17 months.

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Lawyer: RobertJDFL, Attorney replied 8 months ago

Additionally, the court may order restitution to be paid to the victim to reimburse their losses as a result of receiving a worthless check.

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Lawyer: RobertJDFL, Attorney replied 8 months ago

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