A Message from J. Charles Smith III, State’s Attorney
As your State’s Attorney, I am always concerned about the negative impact of bad checks passed to local businesses. Millions of dollars are lost every year by merchants as a result of this ongoing problem. Bad checks affect everyone in terms of higher consumer costs that must be passed on to offset losses, and increased taxes to cover the additional costs for law enforcement and prosecution.
In an effort to combat this problem, I have organized the Bad Check Restitution Program to assist local merchants with bad check losses. The primary goal of the program is to obtain full restitution for the victim without adding to the financial burden of the criminal justice system.
First-time bad check offenders are given the opportunity to avoid criminal prosecution by attending a mandatory intervention class, in addition to paying restitution. All of this is accomplished without any cost to the taxpayers.
Your interest and participation in this special program will benefit all law-abiding citizens and help your business improve its bottom line!
Filing a Report: Step by Step
- Make personal contact with the check writer; if you are unsuccessful, send a courtesy notice via U.S. Certified Mail including return receipt. The check writer has 10 days to respond and remit payment. Sample Courtesy Notice
- If you do not hear from the check writer or receive payment, click on “form download” for a printable bad check crime report form.
- Fill out the crime report form, attach originals or legal copies (you retain photocopies) of all checks, and notification documents, such as return receipts and bank notices and mail to:
Victim Services, Inc. Mail Processing
Frederick County State’s Attorney
Bad Check Restitution Program
P.O. Box 387
Annapolis, MD 21404-0387
(postal address only)If you do not receive restitution within 90 days, contact the Frederick County State’s Attorney Bad Check Restitution Program at 1-(888) 892-1380.
Why it Works
The Program works because…
- Bad check reports are easy to file and follow-up action is prompt.
- Upon recovery, 100% of the face value of the check is returned to the victim.
- There is no minimum dollar restriction.
- Bad check offenders must complete an educational class at their own expense.
- The program operates at no cost to the county or the taxpayers.
How to determine a check’s eligibility for the Program
A Check is Eligible if…
- The amount is no more than $5,000 (or multiple checks not exceeding this limit). There are no minimum dollar restrictions.
- It was received in Frederick County, deposited in a bank in exchange for goods or services and was presumed “good” at the time of acceptance.
- A “Courtesy Notice” is sent to the check writer via U.S. Certified Mail including return receipt, allowing 10 days to make check good.
- A photo I.D. number (driver’s license, military I.D., or state identification card) was written on check at the time of transaction.
- Provide name of person willing to testify in court that he/she can identify the check writer.
A check is Ineligible if…
- Check(s) written over 120 days ago.
- It is pre- or post-dated.
- Both parties knew there were insufficient funds at the time of transaction.
- It is a two-party, rent, stop payment, traveler’s, credit card, or payroll check.
- The identity of the check writer is unknown.
- There is no amount, date or signature on the check.
- The check has not been processed by a bank.
- The numeric and written amounts on the check do not match.
- The check involves an “extension of credit” or was payment on an account.
- Victim agreed to hold or check was partially paid.
Check(s) ineligible for the Frederick County State’s Attorney Bad Check Restitution Program may be pursued through Small Claims Court or by a private collection agency.
Check Acceptance Tips
The best way to reduce your losses is to avoid taking bad checks from the start. The following tips are suggestions to help you establish good procedures for accepting checks.
Institute a check acceptance policy.
A clearly posted check acceptance policy for your employees and customers can go a long way toward reducing your losses. Policies should state which types of checks can and cannot be accepted and include the consequences to bad check writers.
Confirm the identity of the check writer.
All I.D. can be forged. The most reliable form of I.D. is that which contains a photo and a physical description. Take the I.D. in hand and write the I.D. number, birth date, address and other descriptive data on the front of the check. Ask questions. If the I.D. does not belong to the person writing the check, they may be thrown off guard.
Whenever possible avoid accepting checks written on a new account.
Approximately 85% of all bad checks are written on accounts only a few months old and bear check numbers between 101 and 150. Use caution. Do not accept counter drafts.
The signature should be legible and signed in the presence of the individual accepting the check.
Do NOT accept previously signed checks. For a company check, it is vital that the signature is legible. If not, print the individual’s name on the front of the check.
The complete address should be imprinted on the check.
Require a street address, in addition to a P.O. Box number. Obtain a phone number as well.
Accept checks only written with today’s date.
Pre- or post-dated checks are not accepted in the Bad Check Restitution Program and cannot typically be criminally prosecuted. This restricts any recourse you may have against the check writer if your own collection attempts fail.
Make sure written amounts and numbers correspond.
Banks will not honor checks with discrepancies between written amounts and numbers.
Avoid accepting checks drawn on an out-of-state bank.
REMEMBER, you are not required to accept a check from anyone. If you feel uncomfortable or suspicious, trust your intuition! Ask for another form of payment.
Form Download Options
(Online crime report: download form, print out blank form and fill in by hand, mail in with all original documents to address listed below.
Please retain copies of all documents for your records!
Victim Services, Inc. Mail Processing
Frederick County State’s Attorney
Bad Check Restitution Program
P.O. Box 387
Annapolis, MD 21404-0387
(postal address only)
Victim Hotline: 1-(888) 892-1380
Program Contact Information
Victim Services, Inc. Mail Processing
Frederick County State’s Attorney
Bad Check Restitution Program
P.O. Box 387
Annapolis, MD 21404-0387
(postal address only)
Victim Hotline: 1-(888) 892-1380
This Program is administered by Victim Services, Inc., a private entity under contract with the State’s Attorney’s Office.
Emmitsburg Man Sentenced to 10 years in Prison for Rape
FREDERICK- This morning, the Honorable Judge Scott Rolle sentenced John Warren Compton, 37, of Emmitsburg, MD to 30 years in prison, suspending all but 10 years. The sentence comes after the defendant entered an Alford plea, acknowledging that the State had sufficient evidence to convict him. The plea agreement is for two counts of 3rd degree sex offense, and one count of sexual solicitation of a minor. Judge Rolle imposed additional conditions upon Compton’s release from prison. He must register as a Tier 2 sex offender for 25 years, 5 years supervised probation, have no contact with the victim or minor females under age 16, as well as undergo psychosexual evaluation, testing, and monitoring.
State’s Attorney Charlie Smith reacted to the plea stating, “It’s guys like this that we would like to put in jail forever. However, we have to balance the interest and well-being of the victim and her parents. Having to testify at trial and endure a possible appeal can often be very difficult. Notwithstanding that, we must seek a substantial prison sentence for these offenders.”
According to charging documents, Compton met the victim on Snapchat in July 2018. The defendant told the 12-year-old female victim that he was only two years older than she was. In August 2018, an arrangement was made for Compton to pick up the victim from her grandparents address in Gettysburg. The victim believed based on his stated age that he would be driven there by his parents. He subsequently took the victim back to his home in Emmitsburg and had sexual intercourse with the victim.
The State was represented by Assistant State’s Attorney Tammy Leache. The Frederick County Sheriff’s Office investigated the case with assistance from the Pennsylvania State Police.
“The revolving door involving these offenders was quite frankly frustrating. We would prosecute them, incarcerate them, and they would be back out on the streets doing the same offenses. I consider this crime fighting and an improvement to our public safety." - J Charles Smith, Frederick County State's Attorney's Office
Frederick County creates new mental health court
FREDERICK, Md. (WDVM) — Frederick County, Maryland is introducing a new mental health court to provide treatment for defendants who are often repeatedly arrested. The Frederick County State&…Yesterday, Juvenile Division Chief Laura Wilt attended a working group meeting of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington, DC. The mission is to help jurisdictions around the country in forming definitions, practices, and principles relating to restorative justice. The concept of restorative justice is based on rehabilitating offenders through reconciliation with the victim and the community at large. Caren Harp, Administrator of OJJDP, states “restorative justice, when properly defined and practiced, can guide effective interventions with youth, repair harm to victims, and keep communities safe.”
The Frederick County State’s Attorney’s Office is grateful to our staff for their hard work and involvement in shaping professional practices in Frederick and beyond. State's Attorney J Charles Smith commented, "This is just another example of how Frederick County is at the forefront of national criminal justice issues. I am really proud of my staff, and the people of Frederick should be so as well."
Smith added, "I am also glad to see a focus on restorative justice. This is a concept that recognizes that crime causes harm and justice should focus on repairing that harm. It has an emphasis on victims, and that the people most affected by the crime should be able to participate in its resolution. Unfortunately, far too much emphasis is placed on the defendant’s well-being, to the detriment of making the victim whole."
Frederick County Creates New Mental Health Court
FREDERICK- On July 8th, 2019, the Maryland Court of Appeals approved the creation of the Frederick County District Mental Health Court. The new Problem Solving Court will serve defendants affected by mental health issues. It will be one of only a handful of Mental Health Courts in the State of Maryland. Currently, Frederick County also has a Drug Treatment Court. Creating innovative solutions to work with offenders has been a top priority for Frederick County State’s Attorney J Charles Smith.
Smith commented, “This has been a passion of mine for many years. Unfortunately, previous attempts were unsuccessful. We now have all of the pieces in place to launch what I consider a legacy program in Frederick County.” One of the greatest challenges facing the criminal justice system has always been recidivism rates. Smith added, “The revolving door involving these offenders was quite frankly frustrating. We would prosecute them, incarcerate them, and they would be back out on the streets doing the same offenses. I consider this crime fighting and an improvement to our public safety.”
Following the closure of many state mental hospitals in the 1980s, jurisdictions around the country struggled with mentally ill offenders. Starting in the 1990s, the criminal justice system found few alternatives to incarceration. With only a small number of mental health facilities in operation, the hope was offenders would get some form of therapy or medication while behind bars. In reality, the system was unable to provide that level of treatment. Problem Solving Courts are designed to provide treatment and accountability, so offenders can be rehabilitated while in our community.
The Frederick County State’s Attorney’s Office has observed high recidivism with defendants with mental illness repeatedly arrested for low-level offenses such as shoplifting, trespassing, vandalism or disorderly conduct. Our case management system calculated 845 individual cases between 36 defendants over the last three years, averaging of 23 cases per individual.
State’s Attorney Smith believes these Problem Solving Courts not only aid offenders in getting their life back on track, but it helps the taxpayers as well. The goal is simple, treat mental health and substance abuse issues so that offenders have the necessary resources to return to our community as productive law-abiding citizens.
Joyce King, Smith’s Chief Counsel, was instrumental in getting the proposal submitted to the Judicial Council Committee on Specialty Courts. Following the approval, the State of Maryland awarded $100,000 for the first fiscal year of operations to fund a full-time Mental Health Court Coordinator and Clinician, as well as a part-time panel Public Defender. All of this could not have been possible without the assistance and cooperation of the Hon. Judge Dino Flores, Hon. Judge Earl Bartgis, Mary Riley of the Maryland Public Defenders Office, Hilari Young of Parole and Probation, Andrea Walker of the Local Behavioral Health Authority, and all partners of the Mental Health Public Safety Collaborative Committee.
The Frederick County Mental Health Court hopes to be operational by Fall 2019 after the positions are filled by Behavioral Health Services Division/Local Behavioral Health Authority of the Frederick County Health Department.
Congratulations to Mike Moore, Chief of District Court, who was sworn in as Rotary Club of Carroll Creek President this morning! We appreciate your public service in and outside the courtroom.