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SECTION 34-11-70. Prima facie evidence of fraudulent intent in drawing check, draft, or other written order, reasonable and probable cause for prosecution.
(A) A person committing a breach of trust with a fraudulent intention or a person who hires or counsels another person to commit a breach of trust with a fraudulent intention is guilty of larceny.
To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.
S.C. Code § 34-3-110 provides as follows: (2) obtain monies, funds, credits, assets, securities, or other property owned by or under the custody or control of a federally chartered or insured financial institution by means of false or fraudulent pretenses, representations, or promises.
No one is allowed sole access to the box. Certain relatives or a party with a Power of Attorney to Open Safe Deposit Box allowing access may search the box for a last will and testament, insurance papers, or deed to a burial plot.
After the process server serves the papers, he or she must prepare an affidavit that they completed service of process. This affidavit must be notarized.
This is done through a SC Rules of Criminal Procedure Rule 5 Motion and/or a Brady vs. Maryland motion. A Rule 5 request specifically requires the State to produce: (A) Statement(s) of Defendant, (B) Defendant's Prior Record, (C) Documents and Tangible Objects, (D) Reports of Examinations and Tests.
Prosecution Procedures When the Worthless Check Program receives a bad check complaint and restitution is not made in ance with the legal requirements, a criminal charge will be filed. The Solicitor's Office has full statutory discretion concerning the prosecution of your worthless check complaint.
SIGNING OF PLEADINGS; ATTORNEYS. (a) Signature. Every pleading, motion or other paper of a party represented by an attorney shall be signed in his individual name by at least one attorney of record who is admitted to practice law in South Carolina, and whose address and telephone number shall be stated.
The following are six critical sections that must be included: Title. This is either your name (?Affidavit of Jane Doe?) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. ... Statement of truth. ... Statement of facts. ... Closing statement of truth. ... Sign and notarize.