Come to Zapicchi & Liller if you are facing a bad check charge, whether you believe you are being falsely accused of writing a bad check or not. According to the laws in NJ as outlined in the Criminal code N.J.S.A. 2C:21-5, it is illegal to issue or pass a check or equivalent site order if you don’t have sufficient funds in your account to finance the check issued.
In order for a crime to be proven, the person who is guilty of this offense issues a sight order for payment of money, knowing that the order issued will not be honored by the drawee to the recipient. In prosecution, this falls under theft by means of a bad check. The prosecution must show this knowledge, which is presumed to exist in these circumstances:
Bad check crimes can be divided appropriately depending on the amount of the check as shown:
When prosecuting a person charged with writing bad checks, the prosecutor must bear in mind the following:
For bad check offenses under $200, which are handled at the municipal court level, the court classifies the offense as a disorderly persons offense, which attracts a jail term of up to six months and a fine of up to $1,000. The punishment grows more severe with a rise in the amount issued on the bad check.
If you are facing an accusation for having written bad checks, understand that you’re looking at a serious offense with up to 6 months in jail time. You need to contact and then retain a highly qualified and experienced legal team post-haste, in order to ensure that you secure a favorable outcome for yourself.
Usually, charges for writing bad checks can be dismissed without the need for trial or a conviction, if the accused party agrees to make restitution to the victim for the debt. If you’ve been accused of writing a bad check in NJ, contact us to schedule your initial consultation.