The definition of a criminal bad check as defined by the Official Code of Georgia (16-9-20):
(a) A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if:
(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered;
(2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him or her shall not have tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiving written notice that payment was refused upon such instrument.
Only some of the checks returned from the bank can be prosecuted in criminal court. The following is a guideline in making a determination of whether you should apply for a criminal warrant or citation.
Through the implementation of the Bad Check Citation Program, the Cobb County Magistrate Court, together with be Cobb County Sheriff s Office and the State Court Solicitor's Office, has streamlined the processing of misdemeanor bad check offenders.