I have never been in trouble with the law nor have I been arrested ever. Bowling Green police made a routine traffic stop to check my info. When they came back to the truck they said I had a warrant from Bullitt County. They booked me in jail and held me for 10 hours and I was released on OR, no bail nor bond. I have to go to court on the 12th for this charge. It was for a check of $62 at a gas station I've never been to and the check that was used was one that was stolen from an account that was closed over a year ago. Could I be facing jail time? I haven't been to court yet nor have I been convicted, just charged.
You need to hire a criminal defense attorney in Bullitt County or a nearby county to defend you: www.kacdl.net
Theft By Deception under $500.00 is a misdemeanor in KY:
Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 514. THEFT AND RELATED OFFENSES
Current through 2014 Ky. Acts ch. 145
§ 514.040. Theft by deception
(1) A person is guilty of theft by deception when the person obtains property or services of another by deception with intent to deprive the person thereof. A person deceives when the person intentionally:
(a) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind;
(b) Prevents another from acquiring information which would affect judgment of a transaction;
(c) Fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom the person stands in a fiduciary or confidential relationship;
(d) Fails to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which the person transfers or encumbers in consideration for the property obtained, whether the impediment is or is not valid or is or is not a matter of official record; or
(e) Issues or passes a check or similar sight order for the payment of MONEY, knowing that it will not be honored by the drawee....
(7) A person is guilty of theft by deception when the person issues a check or similar sight order in payment of all or any part of a child support obligation knowing that it will not be honored by the drawee.
(8) Theft by deception is a Class A misdemeanor unless the value of the property, service, or the amount of the check or sight order referred to in subsection (6) or (7) of this section is:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
Cite as KRS 514.040
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
The short answer is yes, you can receive jail time for this charge in Kentucky.
In Kentucky, Theft by Deception is a Class A misdemeanor which carries a maximum penalty of up to (but not exceeding) 12 months.
I highly suggest you contact a Kentucky lawyer before your court date.
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