The complaint must be accompanied by an Affidavit Stating Probable Cause. If you are arrested, you will be required to give bail to secure your release from custody and appear in court at a later time to answer for this charge.
Bail may be in the form of a Surety Bond or a Cash Bond. General Information This information is furnished to you to provide basic information relative to the law governing procedures for bad check cases in the Harris County Justice Courts. After posting bail, you will be notified of the date and time you are to appear in court.
If you pay the fine, no further court appearance is necessary. This information is provided for general informational purposes only and is not intended as legal advice.
You will remain subject to arrest until you post bail or otherwise dispose of your case. Posting Bail You may post bail at the Justice Court in which your case is filed. Fines may also be paid in cash or by credit card at the office of the Justice of the Peace.
You are urged to review the applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.
The law presumes that the check writer intended to steal the property, if i the check writer had no account with the bank at the time of issuing the check, or ii the check writer failed to pay the check within ten 10 days after receiving notice that the check was returned by the bank for "insufficient funds.
The law is constantly changing and there may be times when the information on this web site will not be current. You have the right to a trial by a jury and to be represented by an attorney of your choice, or to represent yourself. Harris County assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
A magistrate must consider allowing you a personal bond. You may view the Local Rules at each Justice Court. Criminal procedures for cases that are within the criminal jurisdiction of the Harris County Justice Courts are found in Chapter 45 of the Texas Code of Criminal Procedure.
Issuance of Arrest Warrant or Other Notice When a sufficient complaint has been filed, the court will notify the check writer of the filing of the charge either by issuing a summons or an arrest warrant. It is a crime for a person to issue or pass a check knowing that the person did not have sufficient funds on deposit with the bank to cover the check and any other check that was outstanding at the time the check was issued.
In some instances, the court may issue a notice of the filing of the charge and providing an opportunity to appear and answer. The affidavit is a written statement containing enough facts about the transaction to cause the magistrate to believe that the check writer has indeed issued a bad check, and is necessary to allow the magistrate to issue a warrant ordering the arrest of the check writer.
Paying the Fine at the Court You may pay the acceptable fine either i in person at the Justice Court in which your case is filed or ii by mailing the fine to the Justice Court.
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Bad Check Cases General Information. Criminal Jurisdiction Justices of the Peace have original jurisdiction in criminal cases punishable by fine only, or punishable by a fine and a sanction not consisting of confinement or imprisonment. It's hard to top the actual news on this one: E.L.
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