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About Rush CountyAbout Rush County

Office of the Rush County Prosecuting Attorney

 Prosecutor

Philip J. Caviness
Staff:

Phillip T. Morgan, Chief
Laura C. W. Holt, Deputy Prosecutor—Child Support
Catherine A. Custer, Investigator

Kristina R. Marshall, Paralegal—Bad Check and Infraction Deferral Program Coordinator
Stacy A. Miller, IV-D Administrator
Alyson G. Webster, IV-D Administrator
Billie J. Schombert, Administrative Assistant

Address:

Rush County Courthouse
101 East Second Street, Room 317
Rushville, Indiana 46173

Phone:

765-932-2000

Fax:

765-932-4492

Office Hours:

Monday through Friday 8 AM - 4 PM 

Responsibilities:

CRIMINAL DIVISION

Prosecutes all criminal Felony, Misdemeanor and Juvenile cases, as well as all Infractions in Rush County.

To report a crime contact:

Rushville Police Department (765)932-3907

Rush County Sheriff’s Department (765)932-2931

Indiana State Police (800)437-7159

For all emergencies call: 911

CHILD SUPPORT DIVISION

Assists custodial parents with child support collections and paternity establishment. Call 765-932-4017 for more information.

RUSH COUNTY BAD CHECK PROGRAM

The Rush County Prosecutor’s Office has implemented the Bad Check Program to assist individuals and businesses in collecting monies owed to them due to the receipt of bad checks.

Eligibility

Any person or business receiving a bad check in Rush County is eligible to participate in the Bad Check Program.

The check must be returned to the victim by the bank with one of the following statements: Non-sufficient funds, Closed Account, No Account, Unable to Locate Account, Refer to Maker.

Ineligible Bad Checks

  • Postdated checks
  • Checks held for an agreed time
  • Stop payment checks
  • Checks for which partial restitution has been received
  • Checks which have been given to a private collection agency for collection
  • Third party checks

Bad Check Program Requirements

Individuals or businesses receiving bad checks must complete the following in order to participate in the Bad Check Program:

  1. When you receive a bad check, YOU must notify the bad check writer by mail (get certificate of mailing from post office) giving them ten (10) days to make the check good. You must also indicate that if the check writer does not make the check good in ten (10) days, that you will turn matter over to the Rush County Prosecutor’s Office.

For a sample victim bad check letter, click HERE.

You may also include in your letter that you are requesting a Bad Check Service Charge. The service charge is limited by law to $27.50 or 5% of the amount due, but not more than $250.00.

  1. If the person does not make the check good within the ten (10) days, YOU should bring the following to the Prosecutor’s Office:
  • The certificate of mailing you received from the post office
  • A copy of your letter
  • The copy of bad check (front & back)
  1. When you bring the above information to the Prosecutor’s Office, a letter will be sent to the check writer. Our letter gives the check writer ten (10) days to make restitution.
  1. If the restitution is not made you within ten (10) days of the mailing of OUR letter, OUR office will file Check Deception Charges against the check writer.

Tips for accepting checks

  • Record the check writer’s driver’s license number and date of birth on the face of the check at the time the check is issued and accepted.
  • We urge you not accept checks from persons who live or bank out of state. It is difficult to obtain bank records from another state. In addition, extradition from other states is declined in Bad Check cases.

For more information regarding the Bad Check Program, please contact Kristina R. Marshall, Bad Check Program Coordinator at (765)932-2000.

INFRACTION DEFERRAL PROGRAM

In an effort to keep our highways safe and to help motorists maintain a good driving record, the Rush County Prosecutor’s Office has implemented the Infraction Deferral Program. This program allows eligible drivers to have their tickets deferred, keeping infractions off of their driving records.

Offenses that MAY qualify for Deferral:

  1. Speeding Tickets of 25 MPH or less
  2. No Valid Driver’s License
  3. Disregarding Traffic Control Device
  4. Failure to Dim Headlights
  5. Improper Passing
  6. Following Too Close
  7. Inoperable Lights
  8. Failure to Yield
  9. Driving Left of Center

The Rush County Prosecutor’s Office reserves the right to not offer Deferrals for any reason including but not limited to, offender’s driving record, criminal record and/or consultation with law enforcement officer that issued infraction.

Offenses that DO NOT qualify for Deferral:

  1. Seatbelt Violations
  2. Failure to Yield to Emergency Vehicles
  3. Driving While Suspended
  4. Driving with No Insurance
  5. Illegal Passing of a School Bus
  6. Speeding Tickets of over 25 MPH

Requirements

To take part in the Infraction Deferral Program, you must meet the following requirements:

  1. The Traffic Ticket/Infraction must have been issued in RUSH COUNTY
  2. You have received no infractions for 6 months prior to the ticket
  3. You agree to sign the Deferral Agreement and pay all fees and court costs. (NOTE: By taking part in the Infraction Deferral Program you are not paying the ticket!)
  4. Drivers under 18 years old are not eligible for the Infraction Deferral Program pursuant to state law.

You will be asked to sign a Deferral Agreement and you must pay the Deferral Fee and Court Costs at that time. The total cost for the Deferral is $189.50. This is paid instead of the fee for the ticket through the Court. If you are interested in a Deferral, make sure you do not pay your ticket through the court, as once the ticket is paid it is sent to the BMV, and there is nothing that can be done to reverse this process.

By signing the Deferral Agreement you are agreeing that you will not receive any more Infraction charges during the Deferral Agreement period. If your driving record remains clear after the Agreement period, your ticket will then be dismissed. If you receive another infraction during this Agreement period, your ticket will be re-activated and you will then be liable for the original infraction fee to the Court, and will receive points on your license in addition to the new infraction. The Agreement period will last twelve months. The deferral period starts when the Deferral is filed with the Court.

To see if you apply for the Infraction Deferral Agreement, contact the Rush County Prosecutor’s Office at (765)932-2000. You will be directed to a voicemail in which you will need to leave your name, phone number, issuing officer’s name, type of offense and UTT number. You can also email the above information to kmarshall@rushcounty.in.gov. You will receive notification of whether you apply for a deferral within 72 hours of contacting our office. For questions regarding the Infraction Deferral Agreement, contact Kristina R. Marshall, the Infraction Deferral Program Coordinator at (765)932-2000.

PRE-TRIAL DIVERSION PROGRAM

The Rush County Prosecutor’s Office has implemented the Pre-Trial Diversion Program. This program is for people who have little to no criminal history and are currently charged with a misdemeanor offense. This program is not available for people charged with felonies. Eligibility also depends on the nature of the offense. If you are offered and accepted into the Pre-Trial Diversion Program, you pay the required fees, court costs and restitution (if applicable) and your case will be dismissed after one (1) year providing all conditions and requirements of your diversion agreement are met.

If you are interested in participating in the Pre-Trial Diversion Program and would like to see if you are eligible to participate, contact our office at (765) 932-2000. PLEASE NOTE: The Prosecutor and his staff are unable to talk with defendants prior to their Initial Hearing. After you have completed your initial hearing, please check with our office to determine whether you are eligible for the program.

PROTECTIVE ORDERS

Protective Orders are considered civil in nature and the Rush County Prosecutor’s Office is unable to assist with filing them in court. Information regarding Protective Orders may be obtained from the Rush County Clerk’s Office at (765) 932-2086.




Laura C.W.Holt
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