A. Each county attorney may create within his office a deferred prosecution program for bad check cases.
Terms Used In Arizona Laws 13-1810
- 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.
- contract: A legal written agreement that becomes binding when signed.
- defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. The county attorney may refer a bad check case to the bad check deferred prosecution program. This chapter does not limit the power of the county attorney to prosecute bad check complaints.
C. On receipt of a bad check case, the county attorney shall determine if the case is one which is appropriate to be referred to the bad check deferred prosecution program. In determining whether to refer a case to the bad check deferred prosecution program, the county attorney shall consider the following guidelines:
1. The amount of the bad check.
2. If there is a prior criminal record of the defendant.
3. The number of bad check complaints against the defendant previously received by the county attorney.
4. Whether or not there are other bad check complaints currently pending against the defendant.
5. The strength of the evidence of intent to defraud the victim.
D. On referral of a complaint to the bad check deferred prosecution program, a notice of the complaint shall be forwarded by mail to the defendant. The notice shall contain all of the following:
1. The date and amount of the check.
2. The name of the payee.
3. The date before which the defendant must contact the office of the county attorney concerning the complaint.
4. A statement of the penalty for issuance of a bad check.
E. The county attorney may enter into a written agreement with the defendant to defer prosecution on the bad check for a period to be determined by the county attorney, not to exceed one year for misdemeanors, pending all of the following:
1. Completion of the bad check deferred prosecution school program conducted by the county attorney or a private entity under contract with the county attorney.
2. Full restitution being made to the victim of the bad check, as specified in section 13-1809, subsection B.
3. Full payment of fees due under section 13-1809.
F. For each check, monies received from a person pursuant to section 13-1809 shall be applied first to satisfy restitution to the victim.