BAD CHECK DIVERSION

The Bad Check Diversion Program is an attempt to minimize losses from bad check writers, especially to small businesses and individuals. It is a twofold program that addresses the needs of local merchants/victims of bad checks and holds offenders accountable for writing worthless checks.

Merchants who have fallen victim to the writer of a bad check can now file a report directly with the Office of the Prosecuting Attorney. In order to file a report, the first step is to obtain a "bad check packet," which is available to merchants at local law enforcement agencies, municipal courts, the Office of the Prosecuting Attorney or DOWNLOAD PACKET. The bad check coordinator will then review the packet and file the case with the court for a summons to be issued to the defendant.

Program Benefits for Victims of Bad Check Writers

• Speedy recovery of restitution for victims
• Direct link to file charges with Prosecutor's Office
• Training for local businesses on Bad Check Diversion Program

Process

1. Individual writes "bad check" and submits it to business or individual.
2. Victim obtains, completes and submits "bad check packet." You may obtain "packet" from law enforcement agencies, city courts, Prosecutor's Office or DOWNLOAD PACKET.
3. Bad check coordinator reviews "bad check packet" and files completed packet with court.
4. After defendant is charged with Check Deception, initial hearing is conducted on defendant's behalf.
5. If defendant is eligible, judge or deputy prosecutor advises defendant of diversion program.
6. Defendant speaks to bad check coordinator.
7. Defendant completes and signs paperwork, and Defendant then submits it to bad check coordinator.
8. Defendant's paperwork is reviewed by bad check coordinator and, if eligible, defendant is accepted into program. Diversion term is one year.
9. Bad check coordinator files completed paperwork with Clerk's Office, and bad check coordinator enters information into database for tracking.
10. Defendant is given specific date and location to pay total costs of program.
11. If violation occurs during term of diversion agreement, State of Indiana will file Motion to Reinstate Prosecution.
12. Bad check coordinator will run defendant's criminal history two weeks prior to end of diversion term to determine compliance. If any violation occurred during term of diversion agreement, State of Indiana will file Motion to Reinstate Prosecution.