Writing a bad check is against the law!
Intentionally giving a worthless check of $1,000.00 or more is a FELONY, punishable by a maximum penalty of up to 34 months in prison, a $100,000.00 fine, or both. Giving a worthless check of under $1,000.00 is punishable by a possible sentence of 1 year in the county jail, a $2,500.00 fine, or both. See K.S.A. 21-5821.
Notifying Receipt of Bad Check
The payee (merchant) must send notice of receipt of the bad check to the payor (check writer) via certified mail, restricted delivery, return receipt requested, and must give the check writer 10 days to pay.
Submitting a Bad Check for Prosecution
If the check is not paid by the deadline, the check can be submitted to the Pottawatomie County Attorney for prosecution. The following three items are needs for prosecution:
* Legal or bank-issued copy of the bad check indicating the reason the check was not paid such as non-sufficient funds (NSF) or closed account.
* Green card from the certified, restricted delivery, return receipt requested mailing, to include the letter sent to the check writer, which serves as proof of service or attempted service.
* Completed and notarized Affidavit of Prosecution for Check Cases for each check submitted (notaries are available in our office)
Address for Submitting
Bring documents supporting your bad check claim to our office, located on the main floor of the Pottawatomie County Justice Center, or mail them to Pottawatomie County Attorney’s Office PO Box 219,
Westmoreland, KS 66549
Important: Once the check has been turned over to our office for prosecution, do not accept any payment from any source for the goods/services for which the check was written. The Pottawatomie County Attorney cannot prosecute checks for which partial payment has been accepted by the merchant.
A Diversion is a contract between the Defendant and the State of Kansas. The County Attorney’s Office represents the State of Kansas.
Eligibility for diversion ultimately rests in the discretion of the Pottawatomie County Attorney’s Office.Meeting the requirements alone does not create a presumption that diversion will be granted.
Any individual wishing to be considered for a diversion must complete and submit a notarized
application with a $10.00 application fee. Personal checks are NOT an acceptable form of payment.
Completion of the Application and payment of the Application fee are not required for speeding tickets. Those wishing to be considered for a speeding diversion, must provide a written request along with a copy of the ticket and a current mailing address and phone number.
Monthly Report Forms
– Adult & Juvenile
Community Service Programs
Community Service Logs
3rd Millennium Classrooms www.3rdmilclassrooms.com
Types of Amendable Citations
The following is a list of traffic citations that the Pottawatomie County Attorney’s Office may amend:
– Provide proof of payment for valid registration.
No Proof of Insurance
– Provide proof of insurance when ticket was issued.
Speeding – Written Request, ticket, current mailing address & phone number.
Note: Amendments to any traffic citation is at the discretion of the County Attorney’s Office. Additional requirements may exist before a citation will be amended. Fines and court costs may still be assessed if the amendment is granted. Tickets will be amended upon receipt of payment in full.
To request an amendment to a traffic citation, please send a written request to:
Pottawatomie County Attorney’s Office
PO Box 219
Westmoreland, KS 66549
Traffic Infraction Diversion Application
If you are a victim of a crime, please report your crime to law enforcement for investigation. After law enforcement investigates your crime, a report will be forwarded to the Pottawatomie County Attorney’s Office for review. The Pottawatomie County Attorney’s Office will notify you by mail if and when charges are filed.
Notification of Hearings
You also have a right to appear at any public hearing that involves the defendant. The Pottawatomie County Attorney’s Office will make every effort to notify you by telephone and/or by mail of each scheduled hearing. If your attendance is required, you will be notified by phone and/or mail and a subpoena to appear in court may be issued for you.
Please make sure the Pottawatomie County Attorney’s Office has your current mailing address and telephone number so that you receive all notification regarding your case.
If you would like to file a Protection from Abuse Order or a Protection from Stalking Order, please visit the Pottawatomie County District Court on the second floor of the Pottawatomie County Justice Center or call (785) 457-3392. The District Court can explain the specifications of each order and provide you with the necessary forms.
If a defendant is ordered to pay restitution, the payments will be sent to the clerk of the District Court. The clerk will then distribute the funds as they receive them.
Crime Victims Compensation
The Kansas Crime Victims Compensation Law was passed to provide victims of violent crimes with compensation for loss of earnings and out-of-pocket medical expenses as a direct result of the incident. Victims of violent crime are eligible for compensation under this statute.
The first step in receiving compensation assistance is to fill out an application with the Crime Victims Compensation Board. An application can also be obtained through the Pottawatomie County Attorney’s Office.