Not all "bad" checks fall under the jurisdiction of the criminal courts. There are required elements of the crime that we must prove before we can file a criminal case in court. The check must be written with the "intent to defraud", which means that at the time the check was written and passed, the maker knew there were insufficient funds to cover the check.
Proper notice must then be given when the check is returned to the party it was written to by the maker. We will not prosecute a check that had been postdated or held for deposit. The returned check must be marked "Insufficient Funds" or "Account Closed". The check must also have been passed in Geary County.
We must also have proper identification of the person passing the check. This should include:
- Date of birth
- A drivers license number
- Social security number
- Other recognizable physical descriptions in order to identify the maker of the check
You may pick up the instructions for bringing these checks to our office for prosecution. If you have any questions you may contact Kathy Swartzentruber at 785-238-1252.