Protecting Consumers Bad Checks A bad check is a check that you cannot cash because the person who wrote the check:
White collar crimes are committed for a variety of reasons, but most commonly when someone is under financial stress. When people are under stress they often make poor choices.
Often we neglect to analyze the potential risks of our actions until it is too late and we are faced with serious consequences.
Such is often the case with white collar crimes. Perhaps you have been under extreme financial stress and took actions you now regret. We have experience handling cases like yours, whether it is writing a worthless check, embezzlement, forgery, fraud, or a related charge.
We know the stress that causes people to take drastic measures like this and we want to help. Commonly know as bad checks, worthless checks is the legal terminology under NC criminal law. If the check was: NCGS In addition to criminal charges, you can face civil liabilities for worthless checks.
This means that restitution and fees may be due to the bank and the merchant that the checks were passed to. We may be able to argue in court that the charges should be dropped in exchange for full immediate restitution, or other considerations.
Keeping you from getting a criminal charge for this offense is the primary goal of most bad checks defenses. Generally speaking identity theft is a Class G felony, which is punishable by months in a state prison for first time offenders with no prior convictions.
If, however, you have any blemishes on your criminal record, you could be facing much more prison time. Forgery is a Class I felony and punishable by months in prison for someone with a clean criminal record.
Fraud, forgery, and criminal charges resulting from writing a bad check can seem rather similar. However, there are some significant differences between these types of offenses; the most notable of which rests in the defendant’s intentions. The penalties for passing a bad check in Florida August 30, by Charles B. Jimerson, Esq. As the economy continues to tank and dead beat debtors begin to pass more and more bad checks, I have found it to be a prudent time to revisit the laws pertaining to writing bad checks in Florida. The owner of the bad check will be held responsible and possibly the one person that will be charged with the felony. Depending on the amount that the check was written for and if the recipient of the check wants to press charges against the person who wrote the check, a court may punish him for writing the check.
For an embezzlement charge to stick, the prosecution must prove that you fraudulently, or knowingly and willfully misapplied any goods, money, checks, or like items or converted them to your own use.
Your charge depends on the amount of money or the value of goods in question. This is an incredibly lengthy prison term for someone with a clean criminal record.
You can also be charged with attempting to embezzle, known under NC criminal law as attempting to obtain property by false pretense.
Facing fraud or embezzlement charges in North Carolina is difficult and we want to help. The laws are complicated, and it is extremely difficult for anyone to face this without an experienced defense lawyer on your side.
Call for a free consultation today to find out exactly what we can do to help. Free Consultation Contact our attorneys for a free legal case evaluation on any criminal charge by calling:Bad checks, also known as NSF checks, bounced checks, rubber checks, insufficient checks, bogus checks, etc., can be a big problem for an individual or for any size company.
There are both civil and criminal penalties for this unlawful act, although it is much . The owner of the bad check will be held responsible and possibly the one person that will be charged with the felony.
Depending on the amount that the check was written for and if the recipient of the check wants to press charges against the person who wrote the check, a court may punish him for writing the check. Writing a bad check is a crime if the check writer knew that there were insufficient funds to cover the check and intended to defraud you.
It is also a crime to forge a check or write a fake check. If you believe you are a victim of a crime, report this to your police department, sheriff’s office, or . Writing a bad check or engaging in check kiting schemes is bank fraud and it carries heavy penalties.
The severity of the penalty depends on how the crime is defined in your state. Depending on where you live, the crime can be called anything from check floating to forgery. In many states the criminal provisions regarding bad checks do not apply to post-dated checks. Because post-dated checks are a promise to pay in the future, they are not technically viewed as checks.
It has generally been held that post-dated checks are not within the scope of most states' bad check . Nov 04, · A bounced check typically becomes a criminal matter when the person who wrote it did so intending to commit fraud like writing several bad checks in a short timeframe.
This can be seen as a felony in many states, especially when the checks are for more than $Reviews: