Charged with Writing Bad Checks

Charged with Writing Bad Checks

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.

Jail Time for Writing Bad Checks

Writing Bad Checks Criminal Offense

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:

  • If the check/order issuer did not have an account with the drawee at the time of issue
  • The drawee refuses payment owing to lack of funds or closed accounts, given in both circumstances that the issuer did not make good on receiving notice of refusal sent to the issuer’s last known address

Bad check crimes can be divided appropriately depending on the amount of the check as shown:

  • 2nd degree – checks and orders exceeding $75,000
  • 3rd degree – checks and orders exceeding $1,000 but no more than $75,000
  • 4th degree – checks and orders exceeding $200 but no more than $1,000
  • Disorderly persons offense – checks and orders less than $200

When prosecuting a person charged with writing bad checks, the prosecutor must bear in mind the following:

  • The person to whom the check was written should try to deposit or cash the check less than 46 days from the date the order was written
  • The bank must refuse to honor the check because of account closure or insufficient bank balance
  • Either the bank or person to whom you wrote the check must send the issuer notice for refusal. From the time of reception, you have 10 days to issue a good check, otherwise the court will resume you had knowledge that the check wouldn’t be honored in the first instance.
Penalties for Writing Bad Checks
If you Have Been Charged with Writing a Bad Check Call Today!

Penalties for Writing Bad Checks

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.

Jail Time for Writing Bad Checks

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.

Writing Bad Checks Criminal Offense