Anytime you write a check that you anticipate will not be honored by the bank, including writing against insufficient funds, writing a check on a closed account, or writing a check on a non-existent account you can be charged with a crime. Intentionally writing a bad check is considered a crime if the check was not postdated or not given for a past consideration.
Depending on the value of the check, you may be charged with either a misdemeanor or a felony. Typically if a bad check is written for less that $2500, it will be considered a Class A misdemeanor punishable by up to 9 months in jail and fines reaching up to $10,000. However, if a bad check is more than $2500, or more than one check is written totally more than $2500 in a defined period of time, you may be charged with a felony resulting in even more severe penalties.
Under some circumstances, the payee of the worthless check may pursue damages also. The court can award the payee not only the face value of the check, but can also impose exemplary damages and direct the check writer to pay for attorney fees and court costs.
If you have made the mistake of writing a bad check to cover expenses knowing there were not sufficient funds to cover it or, in a moment of bad judgement, passed a check on a closed or non existent account to cover immediate needs, you may be charged with a serious crime. It is vitally important to contact an experienced criminal defense attorney to work on your behalf. The criminal defense lawyers at Andrew C. Ladd LLC can help defend you. Call us today for a free consultation at 262-542-3900.
