Instructions for Defendants Charged with
Theft by Check

1. You have been charged with theft by check. If the offense is a Class A misdemeanor the range of punishment is up to a year in jail and/or up to a $4000 fine plus court costs. If the offense is a Class B misdemeanor the range of punishment is up to six months in jail and/or up to a $2000 fine plus court costs. The jail time may be probated, meaning you could be put on community supervision (commonly known as probation) two years while you pay the restitution.
   
   
2. For each check turned into the District Attorney's office, you are also to pay a District Attorney's Fee which varies based on the amount of the check and a $25 merchant fee.
   
   
3. In many cases the Court is willing to allow you to avoid a conviction of the Class A or Class B case. If so, you may pay the checks, District Attorney fees and merchant fees then a $1 fine and court costs usually less than $200 and plead guilty or no contest to a Class C offense of Issuance of a Bad Check. This is a fine only misdemeanor, the same level offense as a normal traffic ticket. This option is available to you only if approved by the judge and the period for full payment of all money due is six months or less.
   
   
4. Payment on check cases with this arrangement are almost always due on the FIRST FRIDAY of every month at 1:30 P.M. A promise to pay is worthless to us. We will continue to work with you toward a Class C resolution of the case only if you make REGULAR monthly payments as required. You are not allowed to skip a month. Please plan ahead and don't expect to pay it with the last pay check you receive before the monthly payment is due. When you tell the Judge then you'll pay it next Tuesday or any other future day, YOU HAVE VIOLATED YOUR AGREEMENT.
   
   
5. You are required to attend court at 1:30 P.M. on the first Friday. Occasionally for out-of-town defendants or others with prior consent from the judge, you may be allowed to report by telephone [(915) 674-1208] or e-mail BEFORE the hearing is set IF BEFORE THE CALL OR E-MAIL THE MONEY DUE HAS BEEN RECEIVED. Do not do this unless you have the specific permission of the Judge, the Court Administrator, or the Assistant Court Administrator/Bailiff.
   
   
6. Payments for Checks, DA Fees, and Merchant Fees are paid to the Check Department on the first floor of the Taylor County Plaza Building, 400 Oak, Abilene, Texas 79602. When you have paid in full the amounts due in that office, the fine and court costs are paid in the County Clerk's Office on the first floor of the Courthouse at 300 Oak, Abilene, Texas 79602.
   
   
7. Payments to the Check Department are by money order or cashier's check only. Payments to the Clerk are by money order, cash, or cashier's check only.
   
   
8. When you have paid all money due both to the Check Department and to the Clerk, go to the Check Department and sign a plea to a Class C charge. ONLY THEN have you completed the process.
   
   
9. Failure to follow these rules will result in a warrant being issued for your arrest.
   
   
10. Writing a new check with insufficient funds (a check dated after the date of your first arraignment) causes this agreement to be void.
    
    
11. If you cannot reasonably pay all amounts due in the six month period or make the regular monthly payments required, ask to be placed on probation at any time you are required to report to the Court.
    
    
12. This procedure is available for first offenders. DO NOT EXPECT to be allowed to pay checks out and avoid a conviction a second time.