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A now ex friend had a key to my apt. While I was out of town he found my checks and tore out 3. He wrote two checks out for $40 apiece on my acct. I discovered this about 4 days after the event. I’m thinking he has a prior on bad checks in prison. Could you tell me what kind of punishment he is facing since it is only for $80 so far. The 3rd check has not appeared yet. The acct was closed the minute I found out what he did
Asked on May 2, 2009 under Criminal Law, Nebraska
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the total of the checks is less than $500, this individual would be looking at a misdemeanor. However, if he has a prior bad check conviction, he would be guilty of a felony, which means a possible jail term of a year or more.
This doesn't mean that he would actually get sentenced to jail. That would be up to the prosecutor, first, to decide what offense to charge and what sentence to ask for, and then to the judge, if the person is found guilty. There are many different things that are considered in criminal sentencing, and it can also depend on whether or not the defendant pleads guilty.