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Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution In Defense – Maryland Lawyers

There are many different penalties for Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution in Maryland.

If you have been charged with Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution in Maryland, contact our firm immediately for help.

Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution in Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS – OBTAINING PROPERTY OR SERVICES BY BAD CHECK LIMITATION ON PROSECUTION –STATUTE:

Md. CRIMINAL LAW Code Ann. § 8-105. Obtaining property or services by bad check — Limitation on prosecution

(a) In general — Prosecution as theft. — A person who obtains property or services by issuing or passing a check in violation of § 8-103 of this subtitle may not be prosecuted under this article, if:

(1) other than falsely representing that there are sufficient funds with the drawee to cover the check, the issuing or passing of the check is not accompanied by a false representation; and

(2) the person who obtains the property or services makes the check good within 10 days after the drawee dishonors the check.

(b) Delay of prosecution. —

(1) A prosecution may not be commenced against a person described in subsection (a) of this section earlier than 10 days after the drawee dishonors the check.

(2) A person who obtains property or services by issuing a check in violation of § 8-103 of this subtitle may be prosecuted immediately under this article, if the person issuing the check:

(i) is the drawer; and

(ii) did not have an account with the drawee when the check was issued.

(c) Lesser included offense status not available unless charged. — Unless specifically charged by the State, obtaining property or services with a value of less than $ 100 by issuing or passing a check in violation of § 8-103 of this subtitle, as provided in § 8-106(d) of this subtitle, may not be considered a lesser included crime of any other crime.

MONTGOMERY MARYLAND LAWYERS – OBTAINING PROPERTY OR SERVICES BY BAD CHECK –LIMITATION ON PROSECUTION:

Md. Criminal Law Code Ann. § 8-105 Obtaining property or services by bad check — Limitation on prosecution

Description

(a) In general — Prosecution as theft A person who obtains property or services by issuing or passing a check in violation of § 8-103 of this subtitle may not be prosecuted under this article, if:(1) other than falsely representing that there are sufficient funds with the drawee to cover the check, the issuing or passing of the check is not accompanied by a false representation; and(2) the person who obtains the property or services makes the check good within 10 days after the drawee dishonors the check.
(b) Delay of prosecution (1) A prosecution may not be commenced against a person described in subsection (a) of this section earlier than 10 days after the drawee dishonors the check.

(2) A person who obtains property or services by issuing a check in violation of § 8-103 of this subtitle may be prosecuted immediately under this article, if the person issuing the check:

(i) is the drawer; and

(ii) did not have an account with the drawee when the check was issued

(c) Lesser included offense status not available unless charged. Unless specifically charged by the State, obtaining property or services with a value of less than $ 100 by issuing or passing a check in violation of § 8-103 of this subtitle, as provided in § 8-106(d) of this subtitle, may not be considered a lesser included crime of any other crime.
Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution in Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

Article written by A SrisA Sris
Sris Law Group
1-240-399-0304

 

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