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If you are charged with writing bad checks, do not take the matter lightly. A bad checks conviction can carry many serious consequences, including significant fines and penalties, jail time, the loss of your job, and a permanent criminal record.At Helmer, Conley & Kasselman, P.A., our New Jersey bad check attorneys have over 400 years of combined experience, and have helped many people resolve bad checks charges. Call us – problem solved.
New Jersey defines makes it a crime to pass checks, or make electronic funds transfers, with the knowledge that they will not be honored. Defendants are presumed to have known that their checks were bad if they are drawn on a nonexistent account, or drawn on an account without sufficient funds. Anyone who writes a bad check, even if they believed it would be honored, has 10 days to make good on payment or they are guilty of this crime.
Writing bad checks can be a crime of either the second, third, or fourth degree, or a disorderly persons offense, depending on the amount of the check. Most times, bad checks are prosecuted as a disorderly persons offense in municipal court. This means that most defendants charged with writing bad checks do not get a jury trial.
Under New Jersey law, you can be charged with writing a “bad check” if you know that the check can’t be cashed. While proving a defendant’s actual knowledge in court can be difficult (though not impossible), the law presumes that you knew you were writing a bad check if:
In New Jersey, the penalties and fines for writing a bad check depend on the amount of money involved. While writing a bad check for less than $200 is a disorderly persons offense, writing a bad check for $200 or more is an indictable crime:
Depending on the circumstances involved in your case, it may be possible to beat your bad check charge. Some examples of defenses a New Jersey bad checks lawyer at Helmer, Conley & Kasselman, P.A. may be able to argue on your behalf include:
Other defenses that are non-specific to writing a bad check may also apply. For example, if the police or prosecutors violated your constitutional rights, our New Jersey bad checks attorneys may be able to use this to defend you in court.
Forgery is a separate offense from writing a bad check in New Jersey. If you forged a signature on someone else’s check, you are minimally facing a fourth-degree criminal charge which carries up to 18 months in prison and a $10,000 fine.
When facing a disorderly persons offense (cases involving checks for less than $200), writing a bad check has a one-year statute of limitations. When facing an indictable crime, the statute of limitations for writing a bad check increases to five years.
If your facing a possible conviction, be sure to contact a New Jersey bad check attorney at Helmer Legal today.
Don’t let your rights be jeopardized.