A. The county attorney may prosecute any violation of section 13-1807. If the defendant is alleged to have committed multiple violations of section 13-1807 within the same county, the county attorney may file a complaint charging all of the violations that have not previously been filed in the justice of the peace precinct in which the greatest number of violations are alleged to have occurred.
Terms Used In Arizona Laws 13-1809
- check: means any check, draft or other negotiable or nonnegotiable instrument of any kind. See Arizona Laws 13-1801
- complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
B. A person who is charged with an offense under this chapter may make restitution for the bad checks. Restitution shall be made through the prosecutor’s office if collection and processing were initiated through that office. Restitution shall include at a minimum the face amount of the check. The fact that restitution to the party injured is made and that any costs of filing with the county attorney are paid is a mitigating factor in any imposition of punishment for any violation of this chapter. On sentencing, the court may require any person convicted under this chapter to make restitution in an amount not to exceed twice the amount of the dishonored check or fifty dollars, whichever is greater, together with all applicable costs and fees. This is in addition to any other punishment imposed under this chapter.
C. A county attorney may collect a fee if the county attorney’s office collects and processes a check if the check is issued or passed in a manner that makes the issuance or passing an offense under section 13-1802, 13-1807 or 13-2310 or has been forged under section 13-2002.
D. The county attorney may collect the fee from any person who is a party to an offense described in this section.
E. The amount of the fee for each check shall not exceed:
1. Seventy-five dollars if the face amount of the check does not exceed one hundred dollars.
2. One hundred dollars if the face amount of the check is greater than one hundred dollars but does not exceed three hundred dollars.
3. One hundred twenty-five dollars if the face amount of the check is greater than three hundred dollars but does not exceed one thousand dollars.
4. Twenty per cent of the face amount of the check if the check is greater than one thousand dollars.
F. If the person from whom the fee is collected was a party to the offense of forgery under section 13-2002 and the offense was committed by altering the face amount of the check, the face amount as altered governs for the purpose of determining the amount of the fee prescribed in subsection E of this section.