Check fraud by writing a bad check can be a very serious crime and should not be taken lightly even if it was an honest mistake. Bouncing a check is actually considered a theft crime in New Jerseyand will sometimes be charged with theft by deception or theft of services. A conviction for check fraud will result in a criminal conviction and various other penalties including probation, thousands in fines and restitution, and even lengthy state prison incarceration. The firm’s founding attorney, Will Proetta, has defended clients for literally thousands of different criminal and municipal charges including bad checks crimes. We defend clients against check fraud throughout New Jersey such as Elizabeth, Union Township, Linden, Rahway, Cranford, Clark, and Westfield. As an experienced criminal attorney, Will Proetta can work with the court towards securing your admittance into Pre-Trial Intervention, or resolving your charge as a substantial downgrade or even dismissal altogether.
If you or a loved one has been charged with the criminal offense known as check fraud or writing bad checks, contact our office anytime for immediate assistance at (908) 838-0150. We always provide a free initial consultation from a criminal lawyer who will answer any of your questions or concerns about representation.
New Jersey Check Fraud Statute 2C:21-5
The law concerning check fraud in New Jersey has been listed below, in pertinent part, for your reading convenience.
2C:21-5 Bad Checks
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:
a. The issuer had no account with the drawee at the time the check or order was issued; or
b. Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer’s last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.
What is the Punishment for Bouncing a Check?
Second Degree Check Fraud
$75,000.00 or more
5 to 10 years in state prison; presumption of incarceration
Third Degree Check Fraud
$1,000.00 – $75,000.00
3 – 5 years in prison
Fourth Degree Check Fraud
$200.00 – $1,000.00
Up to 18 months in prison
Disorderly Persons Offense
Less than $200.00
Up to 6 months in county jail
Criminal Lawyer for Bad Checks in Clark NJ
As the above statute illustrates, it is crime to purposely bounce a check, however under certain circumstances the law actually presumes you intentionally write the check knowing you did not have the money in your bank account to cover it. Most bad check crimes are actually indictable offenses which are handled in the Union County Superior Court because it is a fourth degree felony for an amount as low as $200. At the Proetta & Oliver we are dedicated to exclusively representing clients for criminal and municipal court charges in New Jersey. In our experience, a large percentage of these cases are caused by disputes over fees, an oversight, or an innocent mistake and a lot can be worked out through mediation or our negotiations with prosecutor and alleged victim on your behalf.
With our office conveniently located in Scotch Plains, we represent clients for check fraud in Hillside, Roselle, New Providence, Plainfield, Springfield, and Summit. If you or a loved one is facing a criminal charge for writing bad checks contact us today at (908) 838-0150 for a free initial consultation with a criminal defense attorney who can answer your questions and address your concerns.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted