Thus, where the accused issues a bad check, a rebuttable presumption is created that the accused knew there were insufficient funds to cover the payment order represented by the check.
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The only exception is where the accused the check maker and issuer pays the holder of the instrument the person who was to be paid with the check the total amount due, together with applicable service fees, within 15 days after the holder sends written notice of the bad check, bounced check, or worthless check. No crime may be charged in respect to the giving of a worthless or bad check when the payee the person receiving the check or payment order knows, has been expressly notified, or has reason to believe that the accused did not have on deposit sufficient funds in the bank to ensure payment.
However, the previous issuance of a bad check by the accused is insufficient to put the payee on notice.
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The penalties available in a Worthless or Bad Check case depend on the amount of the check involved in the transaction. There are many defenses available under Florida law to contest a charge of worthless check, bad check, or bounced check. Some of the most common defenses include:. Furthermore, the business may bar you from paying by check for a certain length of time.
However, you will likely avoid criminal charges. Depending on the cash value of the check and whether you have a history of writing bad checks, you may be charged with check fraud. Check fraud is a crime under New Jersey law.
Theft & Fraud
However, there must be evidence that you knowingly passed bad checks intending to defraud a person or company. This means that if you made an honest mistake and thought you had enough money to cover the check, then it is unlikely you will receive criminal charges.
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The different kinds of criminal charges you may face in New Jersey include:. Check fraud may also be a federal crime if the government considers it to be counterfeiting, which means altering or creating a check in a false name.
Bad Check Procedure
The statute of limitations for check fraud depends on the severity of the charge. By New Jersey state law, the recipient of a bad check should report it within 90 days. However, the statute of limitations for federal and state check crimes is up to five years. If you are facing criminal charges for writing a bad check, a defense attorney may be able to help you get the charges reduced or dropped. Often, a business may fail to follow the correct collection procedure, or you may have made an honest mistake.
Possible defenses against check fraud charges include:. If any of these circumstances apply to your case, your criminal defense lawyers may be able to file a motion to dismiss your case entirely. Otherwise, you could reach a plea deal with the prosecution. For example, you may agree to a fine in return for getting your charges dropped or reduced to a disorderly persons offense. A criminal conviction can cost you more than jail time.
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With a criminal record, you may be denied employment and housing opportunities in the future. However, the criminal defense attorneys from the Spevack Law Firm can help. We have almost 90 years of experience representing residents throughout New jersey, including in Middlesex, Union and Monmouth Counties.