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BAD CHECK DIVISION POLICY

ADMINISTRATIVE FEES

Administrative fees are not to be waived as part of a plea.

ADDITIONAL TIME

-Offenders cannot be given more time by this office to pay their checks. There are NO EXCEPTIONS to this rule. IF they have received a letter allowing ten days to pay, that is all the time they are allowed: TEN CALENDAR DAYS (not "working" days). Should the tenth day be a weekend or a holiday, however, they will be given until 5:00 p.m. the following business day to provide proof of payment etc.

BAD ADDRESSES

1. When our ten-day letters are returned due to "bad address", we will review our information for a better address and will resend the letter if a better address can be located. The check investigator will assist in locating a better address using methods such as obtaining driving records, contacting City Utilities etc.

2. When we receive a bad check complaint containing a returned letter notice that the last address known by the merchant is "bad" and we can locate no other possible address, the check complaint will be entered into the computer for immediate review for charges to be filed (no ten day letter will be sent.)

BANKRUPTCY

1. The filing of a bankruptcy does not stop this office from prosecuting criminal bad check writers..this is true whether the criminal case is filed before or during the bankruptcy

2. The filing of a bankruptcy can preclude this office from collecting restitution in our filed bad check case.

3. If amounts owed to the victim/business are included in bankruptcy proceedings, the Bankruptcy Court requires official written notice to the merchant by the trustee.

BANK INFORMATION

1. When requesting bank information by mail, enclose a copy, front and back, of the check's) in question.

2. Bank information is required to show "criminal intent.

3. Banks that have now been "bought out" or that have "merged" with other banks, will be listed on all informations, complaints, etc. by the current bank name followed by the bank name that is shown on the check. For example:

"Empire Bank, formerly known as Pleasant Hope Bank"

4. A copy of the Bank Affidavit (original Affidavit will be maintained in our file) will be served on the defense attorney/defendant with a Certificate of Service (a copy of the Certificate of Service will be placed in our file) two weeks prior to the trial date or preliminary hearing date.

5. Upon receipt of bank records:

-review the records to be certain the records indicate that the check would not have cleared the account on the day it was written (insufficient balance or account closed). This can be investigated by the check investigator. If the check would have cleared, prosecutor must review); and

-verify that the records are for the account upon which the check was written/drawn.

CHARGES

1. Returned checks marked "insufficient funds", "account closed" or "no account found" can be prosecuted as bad checks.

2. If we receive a new check complaint on someone that has previously had a check case dismissed (i.e. all restitution was paid, so case dismissed) and the new check was written within 60 days after the dismissal, we will review complaint to immediately file a new case. (see DISMISSALS).

3. If a new check complaint, with a check that is dated BEFORE the conviction date, is received on a defendant that is on probation on a closed check case in which he/she is required to make restitution and restitution is not yet completed, the check will simply be added to the check list to be paid as restitution in that case.

4. When a first time offender with less than $ 500 in bad checks has paid all checks and fees prior to a case being filed, that case will be declined.

5. If a case is under review for charges and the offender claims to have documentation proving that they did not intentionally write a bad check, the will need to provide us with copies of the documentation (DO NOT ACCEPT ORIGINAL DOCUMENTS) together with a letter explaining the situation, giving specific information regarding the check(s). The letter will be in written form and will be forwarded to the check prosecutor for review to determine further action (the check writer will be so advised).

-- If a case has already been filed, and the offender claims to have documentation proving that they did not intentionally write a bad check, hey will need to be advised that on the next court date they will need to bring copies of the documentation together with a letter written to the check prosecutor explaining the situation, giving specific information regarding the check(s).

6. If the defendant under review only has a Post Office Box address, the check department will request a Post Office address update which will give the actual physical address from the Post Office. They physical address will be the address noted on the arraignment sheet and provided to the Court (warrants can never be served on a Post Office Box). If the Post Office can provide no physical address for the defendant, only then will a P.O. Box used to file charges.

7. When a charge is filed, we will provide the Court with the most recent address known for the defendant.

8. If the offender has paid all of the checks on his/her list but has not paid all the State administrative fees, his/her case will remain in unpaid status but will not be reviewed for charges unless other checks are received for prosecution.

9. Any offender with checks totaling $1,000 or more OR with one or more checks with a single amount of $150 or more will initially be reviewed for a FELONY charge to be filed.

10. When a new check case is filed and the defendant had a previous check case that was dismissed, the check prosecutor needs to review regarding collection on the previous case checks.

11. When a check complaint is received that has been signed by the person whose name is printed on the check and the check is made payable to another person (what appears to be a two party check), we need to contact the bank to see if the person that was the second party is an authorized signer on the account. If the second party is an authorized signor, we will proceed pursuant to normal check collection procedures (see: TWO-PARTY CHECKS).

12. Each check charge/information/complaint is to have a check list (a"4") and an EPICS screen print out (listing the existing cases and report on file for the offender) attached to the information.

CLOSED CHECK CASES

1. If a new complaint is received on a defendant that is presently on probation in a closed case, see MOTIONS TO REVOKE PROBATION.

2. If a defendant has pled on a bad check case and is serving his/her sentence in the closed case and we receive a new bad check complaint regarding a check that was written during the same time frame as the checks written in the closed case, we will contact the merchant/victim informing them that the defendant had already pled and is serving time and inquire if they want the complaint added to our closed file to be returned to them. We will act accordingly.

COMPUTER PROGRAM (Check Program)

-Checks received on Police Reports will not be entered into the check program unless there is actual restitution due (the offender is generally arrested while attempting to pass the check, therefore, there is no restitution due). The Report information will be entered into the check computer as "notes"indicating the date of the offense, check number, victim's name, report number, etc.

CONSUMERS STORES

COURT DATES/APPEARANCES

1. The Court is the ONLY authority that can excuse a Court appearance. We will never tell a defendant that they do not need to appear– these inquiries should be referred to the Court Clerk’s Office (Assoc. Div: 4110/Circuit:4074).

2. Questions regarding changing Court dates must be referred to the Court Clerk’s Office (4110). The Court is the ONLY authority that can change a Court date.

3. Appearances by defendants on PC bonds (probable cause bonds) are not necessarily the same dates as the case Court appearance dates. Actually, the defendant may be required to appear on a PC Bond without any case having been filed against him/her. In every instance where a defendant calls to see if a charge has been filed and we tell them “no”, IMMEDIATELY follow up by telling them that they must appear in Court on the date indicated if they posted a PC Bond, even in no charge has been filed.

4. Misdemeanor bad check cases will be “reset” twice, allowing the defendant time to make restitution. If restitution has not been made by the third Court appearance, the case will be set for trial and, if necessary, a Public Defender will be appointed.

DATA ENTRY

-Checks received on Police Reports will not be entered into the check program unless there is actual restitution due (the offender is generally arrested while attempting to pass the check, therefore, there is no restitution due.) The Report information will be entered into the check computer as “notes” indicating the date of the offense, check number, victim’s name, report number, etc.

DISCOVERY

1. All discovery checks are to be filed within 20 days of the arraignment date (they are out-of date on the 21^st day).

2. No attorney will be allowed discovery (check lists etc. unless he/she has filed an Entry of Appearance in the case ( we made need to consult the Court computer to verify entry unless attorney provides us with a stamped copy for our file.

3. Responses to defense attorney Requests for Discovery/Disclosure will be completed/mailed within 20 calendar days of receipt.

4. The State will not file Request for Discovery in misdemeanor bad check cases unless specifically instructed to do so by the prosecutor.

DISMISSALS

1. Payment of Restitution and the State’s administrative fees will not result in dismissal of the case. Once a ten day notice letter is sent out and charges filed, our office will not dismiss the bad check charge upon payment of restitution and costs. An SIS or an SES may be granted but not an out right dismissal. If the case is set for trial, the prosecutor may dismiss if unable to prove the case (i.e. witnesses are not present, lack of bank records etc.)

FEE LETTERS

- The letter that is used in a situation where the defendant provides our office with the receipts for the checks, but fails to remit the State administrative fees is our “fee letter”.

FEES CHARGED BY MERCHANTS

- This is a matter strictly between the merchant/victim and the offender. DO NOT advise the bad check writer that the merchant fee does not have to be paid.

FILES

1. All unpaid checks (including ALL previously declined checks still on file) will be located and placed in the case file when it is initially set up.

2. If we are unable to locate a particular check, a note will be made on the docket and in the computer notes section.

3. When a case file is pulled for Court, all loose check complaints should be filed behind the check the charge was filed on in the file (the check the charge was filed on should be tabbed with a colored post it tab.)

4. A current updated check list (“4") should be placed loose in the file (all others must be taken out of the file and destroyed).

5. The file MUST NOT contain a check history (“6") – this information is not discoverable and for our office information only.

6. All motions and correspondence must be placed in prongs, in order by date, on top of the charge/information.

FORGERIES

1. When an offender/check writer claims his/her checks have been stolen or forged, they need to provide us with a copy of the bank affidavit for a forged check (it will indicate check numbers) and the Police Report number and Agency name– we will request the Police Report and will review with all information provided.

2. Should a person begin asking questions dealing with legalities of the check/offense, tell them that they can consult with a private attorney.

3. If information has been received and it has been determined by the prosecutor that a check is possibly forged/stolen, each check will be “stamped” declined as possible forgery. A copy of the declined complaint will be placed in the file and the original will be returned to the business/complaining witness.

IDENTIFICATION

JUVENILES

-Any check writer that is under the age of 17 years old on the date the check was passed/written, cannot be pursued for charges by our office–the merchant/victim must be directed to contact Juvenile Division.

LEGAL ADVICE

-WE DO NOT GIVE LEGAL ADVICE

This Office represents the STATE in pursuit of upholding/enforcing the laws of this State–legal questions should be directed to a private attorney.

MOTIONS TO REVOKE PROBATION-

1. All receipts on offenders on probation need to be forwarded to the bad check clerk for follow-up (see RECEIPTS, Para.2).

2. When a defendant is on probation on a closed check case and a new check complaint is received:

-Checks DATED PRIOR to sentencing will be added to the file–no letters will be sent (be sure the file has review date on MTR Calendar (Motion to Revoke Calendar) so that Check Division can monitor probation).

-If defendant fails to pay all checks within the probation period, a Motion to Revoke Probation will be filed (no warning letter will be sent).

EXCEPTION TO ABOVE:

Those cases that SPECIFY (on the Judgment) either

1. Check restitution AMOUNT, or

2. A DATED CHECK LIST

are an exception to the above. Any checks received on these defendants will be reviewed for new charges– the will not be added to the existing closed file or included in judgment of same. if the check is dated AFTER the sentencing, a Motion to Revoke Probation will also be filed.

-When a case is reviewed and the new check is dated AFTER sentencing date, the check will be reviewed to file a Motion to Revoke Probation. (Normally we will not file a new check case–just MTR, see para. 6. below)

3. There are two types of non-compliance with conditions of probation:

a. Conditions not fulfilled, i.e.

-restitution not paid as ordered by the Court, or

-failure to complete CASP as ordered by the Court

b. New action/event that violates conditions of probation:

-bad checks written AFTER pleading in case (see: CHARGES, para 2)

-ordered to have no checking account and has written new checks or opened a new account on which he/she is authorized signor.

4. If no identification has been provided on the new check complaint being considered for filing a Motion to Revoke Probation, check with the prosecutor to see it he/she wants to proceed.

5. Prior to filing a Motion to Revoke Probation, it may be beneficial to send a letter of warning to the defendant stating that if conditions are not met, Motion will be filed. Each case should be reviewed individually to determining appropriate action.

6. In some instances, the prosecutor may want to file BOTH a Motion to Revoke Probation and a new bad check charge. Again, each case should be reviewed individually to determine appropriate action.

7. If a Motion to Revoke Probation is filed, the Certificate of Service will show that a copy has been mailed to both the defendant (to his/her last known address) and to his/her attorney of record (if there was an attorney) on the probation case.

8. The date of hearing for Motions to Revoke and the date on the Certificate of Service will be completed by the prosecutor.

9. If we file a Motion to Revoke on a misdemeanor check case due to non-payment of checks that were on check list prior to pleading (no new checks written after pleading) and the defendant appears, prior to the date set for our Motion to Revoke, with receipts and fees which will pay IN FULL all amounts due, we need to withdraw our Motion to Revoke.

10. If we file a Motion to Revoke on a misdemeanor check case due to non-compliance of conditions of CAST and we have been made aware that the defendant has met the conditions prior to our Motion being heard, we need to withdraw our Motion to Revoke.

NATIONS BANK/BOATMAN’S BANK-

1. Effective 5-29-97 per J. Ron Carrier, all billings for amounts due regarding our requests for bank records/affidavits will merely be placed in the case file.

2. Nations bank will accept subpoenas/affidavits by mail. They will use their own affidavit showing “City of St. Louis” instead of ours showing “County of Greene”. The correct address is:

Nations Bank Legal Support
Attn: Charlotte/Kris
510 Locust Street
MO1-510-0104
St. Louis MO 630101-1845

3. Prior to mailing all subpoenas, a copy should be faxed to “Charlotte” at: 314-466-2215.

OUT-OF-STATE CHECKS (Checks written on out-of state bank accounts)-

1. Check complaints that total less than $150 on out of state bank accounts will be declined and returned to the merchant/victim.

2 Check complaints regarding out-of state checks that total $150.00 or more will be accepted for prosecution.

-If check(s) unpaid after letter sent, we will request bank information by letter and affidavit.

-If the check(s) are written on a bank in the State of Louisiana, we will return the check complaint to the victim/merchant marked “declined” since the State of Louisiana will not even honor our State Court’s Subpoena for records (they require that we file through the State of Louisiana Courts).

PARTIAL PAYMENTS

PAYROLL CHECKS-

-Missouri Statutes state that all payroll check must be filed on or declined within 60 days of the date this office receives the completed bad check complaint.

POLICE REPORTS

1. Police Reports regarding bad checks should come through the main office and handled accordingly. (NOTE: We cannot enter bad checks in the bad check computer system that do not require any restitution.)

2. Checks received on Police Reports will not be entered into the check program unless there is actual restitution due (the offender is generally arrested while attempting to pass the check, therefore there is no restitution due). The Report information will be entered into the check computer as “notes” indicating the date of the offense, check number, victim’s name, report number, etc.

3. All original police reports will be forwarded to the bad check prosecutor for review.

POST DATED CHECKS

PULLING COURT FILES

1. If you cannot find a particular file that the Court has scheduled on its docket, write “can’t find file” on the Court Docket that Marti has placed by the file room. This information is helpful to our APA’s when needing files.

2. If the Court Docket shows a particular case scheduled but it has been rescheduled or closed, make the appropriate notation on the Court Docket Marti has placed by the file room. BE CERTAIN that witnesses have been CANCELLED, if necessary.

3. “Out cards” must be annotated and filed as the files are pulled. As of 10/9/97. Rhonda can no longer file the cards for you.)

4. Before you leave work on Friday, all Court files scheduled for the net week must be pulled and placed in the designated slot in the file room.

5. Per Office Memo dated 5-27-97, when a file is pulled for Court that is a “deferred prosecution” (or SIS), check the Court Computer and/or EPICS to see if there are other pending cases on the defendant, print off the screen and attach it to the front of our file so the prosecutor can determine if the case(s) can also be dismissed.

QUESTIONS by check writer/offender

1. Our office can provide information to the offender regarding the number of checks on his/her list, including the amounts, the process how checks are marked paid, and the collection process.

2. Our office can release case number and set dates on all FILED CASES to anyone that may inquire regarding this type of information.

3. We NEVER tell a defendant that they do not have to appear in Court–all inquiries as to such are to be directed to the Court Clerk’s Office (4110). The Court is the ONLY AUTHORITY that can excuse a Court appearance.

4. Refer all questions regarding how to get warrants lifted to the Court Clerk’s Office. The Court is the ONLY authority that can lift/remove warrants.

5. Questions regarding changing Court dates must be referred to the Court Clerk’s Office. The Court is the ONLY authority that can change a Court date.

6. Defendants inquiring as to what will happen when they go to Court may be told that paying all checks and fees is a positive factor which may be considered by the prosecutor and judge. NEVER tell the defendant that the case may possibly be dismissed if all checks are paid.

7. Defendants claiming to have paid all/any checks which we still show as due/unpaid need to be told that they must provided appropriate proof of payment to this office and that they must pay the appropriate State administrative fees by money order to this office.

8. Offenders claiming no knowledge of bad checks should be given the information and the appropriate action/information to pay the checks, Court dates etc.

QUESTIONS by parties other than the check writer/offender-

Our office can release case number and set dates on all FILED CASES to anyone that may inquire regarding this type information (we do not give information regarding checks/cases under review to any other than the check writer/offender himself/herself).

Rule of Thumb: Information in the Court computer can be accessed by the General Public, therefore this information can be released to anyone making inquiries.

QUESTIONS by Merchants/Victims

1. If a merchant\victim calls wanting information as to how to prosecute a bad check, the response is to generally explain the check prosecution process. This should include telling them that they can either come in to pick up the complaint form(s) or that the form can be mailed to them.

2. The proper response to questions regarding how to get identification information ( date of birth, social security number, etc.) Should be that the complaint form must be completed based upon the information they currently possess (we can not assist them in providing further identification information). We do need to inform the complaining witness that we may have to decline the complaint if no proper identification can be verified.

3. Questions regard how long it takes to collect on the check should be responded to by telling them where the complaint now stands (i.e. under review, waiting for response to ten-day letter, etc.)

4. If a merchant/victim inquires as to why restitution has not been made on a particular check, the response is to look up the defendant in the bad check computer system to determine the appropriate response. This response could include problems with the check complaint form, witness problems, warrant issued information and/or any other factors which may arise in a given bad check situation.

5. Any information regarding the present location of a bad check writer on whom a warrant is pending should be directed to the Court Clerk’s Office (4110).

RECEIPTS

1. We must have the ORIGINAL receipt from the merchant/victim. Ideally, the receipt will not the check number, date paid and the amount paid, and it will be a type of receipt that cannot be easily duplicated (offenders have duplicated/forged receipts and have altered receipts in the past). If you have any questions as to the validity of the receipt, call the merchant, victim to verify the receipt.

2. All receipts on offenders on probation need to be forwarded to the bad check case clerk for follow-up (see: Motions to Revoke, para 1).

3. If the offender states that the merchant/victim has refused to provide a receipt to them due to non-payment of their returned check fees, merely tell them that we MUST have a receipt from the merchant/victim. If the offender is going to Court and all restitution is paid except the merchant in question, we can call to verify that the check amount has been paid–this will allow the prosecutor to close our case, if appropriate.

4. Merchants/Victims inquiring as to whether they have to provide a receipt to the bad check writer that has not paid their fees should be told that they should provide a receipt upon receiving payment of the check (their bad check fee is a civil matter between them and the bad check writer.) They can be told that they can show on the receipt that they check amount is paid but that the fee is still due.

5. Defendants claiming to have paid all/any checks which we still show as due/unpaid need to be told that they must provide appropriate proof of payment to this office and that they must pay the appropriate State administrative fees by money order to this office.

REFER TO MAKER CHECKS