Legal Question in Criminal Law in Illinois

Writing bad checks

My mother is indigent and lives in Vandalia, Illinois. Recently she bounced a check. It was a mistake; she did not purposely engage in deception. The D.A. told her she had to take a ''class'' on bad check writing, or else she would ''have a criminal record.'' I'm assuming this class is pursuant to ''bad check diversion program''

described in the Illinois Criminal Code (720 ILCS 5/17‑1b), but I'm not certain.

I told her, ''Didn't they offer you a chance to contest the charge? Everyone has a right to challenge a criminal charge before a judge or jury, even a misdemeanor.'' She said no one told her this. All they said was, ''Take the class or you'll have a criminal record.''

At any rate, my questions are:

1. Is there a bad check writing statute in Illinois that doesn't even require intent (mens rea)?

2. If not, shouldn't she fight the charge and argue that the bounced check was a mistake, not deception?

3. If so, would it still be in my mother's interest to make some plea before the court rather than take the class?


Asked on 3/24/04, 2:11 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Writing bad checks

You need to refer this to an attorney in the state in which the alleged offense occurred. IN california you have a choice take the diversion class or contest the issue. You do not have the option to go to trial and if you lose then go for diversion.

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Answered on 3/24/04, 8:42 pm


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