Source
r/legaladvice•
ToShowWithWords

Does paying the bad checks after receiving theft by deception charge absolve you of jail time

So my girlfriend who is already in jail has some bad checks she had to pay by today. She had already gone to court for them once and had until today to pay them. I just got the money to pay the checks and associated court costs, if I pay them all off tomorrow will she have to be in jail for a longer duration due to the theft by deception charges or will she not receive any extra time once restitution has been paid in full. It's 4 checks that add up to $590 with court costs and returned check fees but the checks themselves only sum to $190. This is in Kentucky. Any help is much appreciated, I couldn't find a clear answer online, thank you!

Posted Aug 9, 2018, 7:11 PM UTC

17
fawningandconning•

No it does not absolve her of the crime but may play into how a judge determines how long she will need to spend in jail.

3
ToShowWithWordsOP•

So she may have to serve additional jail time as a result of the new charge, or she may only receive the new charge but not have to serve additional time and it's up to the judge to decide? Would the judge take into consideration the fact the checks were paid only 1 day late?

1
fawningandconning•

Yes she's still receiving the charge because she passed bad checks, but it may factor into how long she's sentenced given it was remedied quickly.

3
derspinyQuality Contributor•

If the deadline to pay them was today, and she pays them tomorrow, she may well be treated as if she refused to pay them at all with regards to things like pre-trial diversions, probation, or early release. If she's already been convicted and sentenced, then her sentence is set, and while there are ways the legal system might reduce it, the courts don't have to cut her slack if she can't meet the conditions of those reductions.

3
ToShowWithWordsOP•

Are you saying there's no chance the court would completely take away all the jail time first given with the charge after full restitution is paid. Since the amount of the checks is only $190 before the court costs would it be a misdemeanor?

1
derspinyQuality Contributor•

There's a lot of information we're missing to really answer that. Was she charged? Convicted? What is the nature of this "has to pay by today" deadline - is it part of a diversion? Something the victim is imposing directly? Something else?

The real answer is that your girlfriend needs to talk to her attorney about moving the deadline if possible, and about the likely consequences if she misses it. It sounds like she's facing criminal charges, so not having an attorney would be the wrong choice.

3
ToShowWithWordsOP•

I believe she would be charged today, is that different than a conviction or sentencing date? I know if it was paid before today all charges would be dropped.

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[deleted]•

[deleted]

1