Bad Check Writers Get MonkeyWrenched

    




    


Bad check writers are opportunists that stay on the fringes of crime. They know how to manipulate the system to their advantage. They know and take advantage of the overworked and paper-heavy judicial agencies responsible for check collections. They lie, push, delay and make numerous excuses in an attempt to avoid or delay paying off their bad checks.
County agencies assigned to collect bad checks are doing the best they can. However, because of the sharp increase in numbers of citizens choosing this form of crime, the agencies are becoming over worked. In many counties the number of checks being turned in for collections is increasing while the percentage of collections is dropping. Many check writers are using the system as a credit free loan agency by negotiating time and monthly payments; causing further expenses to the county.
The National Retail Merchants Association is alarmed at the double digit increase in check losses. They say that worthless checks represent the largest increase in retail theft. The majority of check writers would not think of shoplifting but rationalize check writing because they "intend" to pay it back. Check losses and workloads on counties will only continue to increase unless affirmative action is taken.
One method that many courts and district attorneys have found particularly effective for the past two decades is requiring offenders to attend a bad check class. Many of these counties show dramatic drops in recidivism among bad check writers in their communities. Travis County, Texas, for example, reported that initially 40 to 50% of the bad checks filed with their office had been written by repeat offenders. After running bad check classes, the recidivism rate dropped to between 5 and 10%. The resu lts have been an increase in collections, fewer losses to the community, less paper work, reduced court dockets, plus helpful budgeting and counseling to the offenders.
The American Community Corrections Institute (ACCI), a provider of bad check course materials, explains that the classes work by throwing "a psychological monkey-wrench into their mental gears" and that this causes offenders anxiety and fear about re-offending. They report that their course materials disrupt and confuse offenders' criminal thinking and thereby acts as a strong deterrent to keep them from repeating. Whether or not the courses actually work this way or not is not clear, but what is clear is that remarkable results are being enjoyed using them.

About The Author

Jesse Fisher enjoys writing informative articles on a variety of subjects. To learn more about bad check classes visit http://www.accilifeskills.com.
This article is (c) 2006 by Freedom Works, Inc. and may be reproduced only in its entirety with this notice intact.
freedomworks2001@yahoo.com
    


    


    


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Automobile Accidents in New York

    
An automobile accident is sometimes a simple routine case or at times can be a very complex matter. It all depends on the circumstances surrounding the accident, types of insurance coverage available, whether an accident reconstruction expert needs to be retained and whether the case also involves defects in the cars involved. A case could also be complicated if the injuries sustained by the parties deal with multiple complex injuries to the joints , involving surgery and other procedures.
TIMELY GATHERING OF INFORMATION IS IMPERATIVE
The statute of limitations, which is the time limit in which a lawsuit has to be filed, varies. It can be three years or less, depending on the defendant. For example, if the defendant is an employee of the State of New York, or other municipal employee, the time to file a claim is 90 days. If the defendant is a private individual or corporation, then the statute of limitations is three years. If the case involves death then the time limit is two years. There are also time limits insurance carriers r equire for coverage. Any claim for no-fault requires a notice to the insurance company within 30 days. In addition, if one makes a claim under the SUM coverage (supplementary uninsured underinsured motorist coverage), then notice also needs to be made within 30 days. Finally, if there are parties that have no insurance coverage, an individual will have to file a claim with the Motor Vehicle Accident Indemnification Corporation and that claim needs to be filed within 180 days. Other factors such as locat ion of witnesses and obtaining statements while the incident is fresh in their minds are also important. The vehicles involved also need to be thoroughly examined, photographed and sometimes stored for evidentiary purposes.
SERIOUS INJURY THRESHOLD MUST BE MET
Automobile cases are further complicated by the serious injury threshold set forth in the New York State Insurance Law. In the mid 70?s New York became a no-fault state which meant that all occupants of motor vehicles involved in car accidents had up to $50,000 in lost wages and medical coverage regardless of fault. Prior to passage of this law you had to sue the other driver for medical bill payments and lost wages. However, the tradeoff with this $50,000 in coverage is proving you had a ?serious inju ry? before recovering for pain and suffering resulting from the injury. A ?serious injury? is defined as fracture, death, dismemberment, loss of use of a body organ function or system, significant limitation of body organ function or system or an inability to perform substantially all of one?s daily activity for a period of 90 out of 180 days following the accident. The criteria can at times require significant knowledge of the law and significant work up of the medical evidence in order to meet the requ irements of the threshold.

About The Author

Anthony DiNitto is a partner with the Faraci Lange law firm based in Rochester New York. The Faraci Lange firm is considered one of Western New York?s leading personal injury firms. Anthony DiNitto has represented catastrophically injured plaintiffs in all types of cases including auto, defective products and premises and construction accidents. He is a member of the Association of Trial Lawyers of America and a member of the board of directors of the New York State Trial Lawyers. He is the current pres ident of the Genesee Valley Trial Lawyers Association. He can be contacted at adinitto@faraci.com or (585) 325-5150. You can also visit the firm?s web site at www.faraci.com.

    






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