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IMPORTANT NOTICE: Before downloading this
electronic version of the McLennan County Criminal District
Attorney's Worthless Check and Theft Information and Affidavit,
you must read all of the following very carefully. When you download and
use the form you signify that you have read this agreement, understand it,
and fully agree to its terms, and you swear or affirm and represent to the
McLennan County Criminal District Attorney, to the Court in which the form
may be filed, to all law enforcement officers, and to the public that the
following statements are true and correct as applied to each check
indicated on the form. THE INFORMATION YOU PUT IN THIS FORM MAY LEAD TO THE ARREST AND
PROSECUTION OF THE INDIVIDUAL NAMED ON THE FORM. The following statements are true and correct, and are incorporated
into the electronic McLennan County Criminal District Attorney's
Worthless Check and Theft Information and Affidavit by reference,
as if each statement were written therein in full. "I, herein called "Affiant", have good reason to believe
and do believe that the person named and described on the McLennan
County Criminal District Attorney's Worthless Check and Theft Information
and Affidavit, who is herein called the "Accused", on
the date or dates indicated on the form, in McLennan County, Texas, did
commit the criminal offense(s) of theft by issuing and passing a worthless
check, namely did then and there intentionally and knowingly, unlawfully,
without the effective consent of the owner, herein called the
"Holder", with the intent to deprive the Holder, appropriate and
obtain the property or service (or both) described, which was of a value
equal to the amount of each check indicated, by issuing or passing the
described check when the Accused knew that he or she did not have
sufficient funds in or on deposit with the bank or other drawee for the
payment in full of the check as well as all other checks outstanding at
the time of issuance. Affiant has the authority to make this affidavit on
behalf of the Holder. It is Affiant's desire that the Accused be
prosecuted, and Affiant understands that if charges are filed a warrant
will issue and the Accused may be arrested and placed in jail. Further, it is the regular policy of the Holder or the Holder's
business or activity to require identification, such as a drivers license,
photo I.D., or the like, from every person presenting a check for payment
for goods or services. If it is stated in the affidavit that the Affiant
is the person who took the check, Affiant has personal knowledge of the
facts pertaining to the check, including identification of the Accused. If
someone other that Affiant took the check, that person is a credible
employee of Holder with personal knowledge of all the relevant facts
pertaining to the check, including identification of the Accused, and
Affiant has received information concerning the check from that employee. Information in the Affidavit may come from Holder's records that meet
the following definition, and Affiant is a qualified witness concerning
these records. "Records" means all of the Holder's records,
memorandum, reports, or data compilation, including computer data,
relating to acts, events, conditions, or opinions in the affidavit, which
was made at or near the time the check was passed, and was made by or from
information transmitted by a person with personal knowledge of the
information. The records are kept in the regular course of Holder's
regularly conducted organized activity, and it is the Holder's regular
practice to make the records. The records are believed true and correct. Affiant agrees and understands that the check or checks listed on the
Affidavit and submitted to the McLennan County Criminal District
Attorney's Hot Check Department become the property of the Criminal
District Attorney's Office, and Affiant and Holder WILL NOT accept any
payment thereon from any private individual or person, including the
Accused, without the prior consent of the Hot Check Department. Affiant
agrees to cooperate with law enforcement, Sheriff Deputies, Constables,
Courts, and the Criminal District Attorney's Office in the prosecution and
collection of this matter. I DO SWEAR OR AFFIRM THAT the information submitted on and with the McLennan County Criminal District Attorney's Worthless Check and Theft Information and Affidavit is True and Correct to the best of my knowledge."
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Page updated
January 03, 2008
2000 DA