How To File Theft Of Services Nj Writing Bad Check

Bad checks are any money lodge written for an business relationship that either does non exist or does non have enough funds to encompass the corporeality. Sometimes, bad checks can result from an honest mistake. Other times they are an outright attempt to defraud a bank or business organisation. If a person bounces one check, meaning that the bank refuses payment due to insufficient funds, then he/she may face boosted fees and penalties. Still, a person with a history of bad checks or who does not pay after a bounced bank check may eventually face criminal charges.

What is a Bad Check?

Under N.J.Southward.A. 2C:21-5, a person who is caught issuing or passing a check or similar sight society for the payment of money while knowing that it will non be honored by the drawee/bank, then he/she can exist convicted of issuing or passing a bad check in NJ.

In New Jersey, one is presumed to have known that the check or money club (other than a post-dated cheque or money order) would non have been paid for if any of the following occurred:

The person did not have an account with the drawee/bank at the time the check or money order was issued.
The payment was refused by the drawee/bank for lack of funds.
A deposit was fabricated for drove (or upon presentation to the drawee/bank within 46 days later on event) coupled with a failure to brand good within 10 days after receiving notice of the refusal (or later on the find was sent to the issuer's last known address)

If none of the above-mentioned circumstances are applicative to i'south situation, then ane will not be presumed to accept known that the check would not have been honored. In this example, the prosecutor will bear the burden of proving such knowledge.

Penalties and Fines

A bad cheque worth less than $200 is a disorderly persons offense in New Jersey. Penalties include 6 months in jail and a fine of up to $1,000. If the check's value is between $200 and $ane,000, the offense is a quaternary-degree criminal offence (felony) with the potential for up to 18 months in prison and a $x,000 fine. If the check or money lodge was for more than $1,000 but less than $75,000, it is a tertiary-degree criminal offense, which can mean upwardly to 5 years in prison house and a fine of upwards to $15,000. Bad checks valued at more than $75,000 are a 2nd-degree crime, with a penalization of upwards to 10 years in prison and a fine of upwards to $150,000.

Aside from jail time and a serious fine, a conviction for passing a bad check in NJ volition upshot in a criminal record that could impact 1's future. Think near it: criminal convictions are a affair of public tape and most employers run criminal background checks earlier hiring. Moreover, most employers view financial dishonesty equally an outright bar to employment. Bad checks are a blazon of fraud and reverberate on one's apparent level of honesty and trustworthiness. This means that it volition be extremely hard to find a chore if bedevilled of passing a bad check in NJ.

How To Vanquish Bad Checks

In that location are many honest reasons why a check may have bounced and/or a person may not have attempted to rectify it. A person tin can shell a charge of writing a bad check in NJ if whatsoever of the following are true:

The check was cashed more than 30 days afterwards it was issued.
The bank check did non have the correct signatures.
A hold was issued for the check in question but was not honored by the bank.
The notice of the bounced cheque was not issued or received.
The check issuer and recipient were aware the check was mail-dated (meaning it was filled out with a future date) but the cheque was deposited prior to that date.

It is also of import to reiterate that if a person is not presumed to know the check was bad, and the prosecution cannot show that he/she knew as much, and so he/she cannot be convicted.

How To Beat Assault by Automobile Charges

State v. Kelm, 672 A. 2d 1261 confirms that the statute for bad checks (2C:21-v) does not require proof of an intent to defraud. The example states, "N.J.South.A. 2C:21-5 does non comprise whatever such requirement, merely noesis at the time the bank check is issued or passed that it will not be honored by the drawee." The gauge also affirmed that post-dating a bank check does non exclude information technology from the presumption of knowledge that the check would not be paid unless the payee attempted to deposit it prior to the engagement in question.

Expunge Bad Checks

A conviction for writing a bad check in NJ can exist expunged from one'southward criminal record if the person is otherwise eligible. In order for a petition to expunge a criminal tape to be approved, one must have no more than 5 disorderly persons convictions or 1 felony and 3 disorderly persons convictions. Thus a person convicted of writing a bad check and theft by charade for an amount greater than $200 would not be eligible, every bit both offenses would be 4th-degree indictable offenses (felonies).

If the person is eligible for an expungement, he/she must expect 5 years (or vi if there is a felony on the record) afterwards the completion of any sentencing and repayment of any fines. In add-on, during the waiting period, he/she must not be bedevilled of any other offenses. If the expungement is granted, so the tape will not come in most groundwork checks and he/she tin legally deny that the conviction(south) occurred.

Oftentimes Asked Questions

What is a demand letter for a bounced check?

Many New Bailiwick of jersey businesses that have been issued bounced or other bad checks or money orders will send a demand letter of the alphabet to the payer requesting the money owed plus addition money in "amercement." The corporeality requested tin can be up to $100 or triple the amount owed, whichever is greater. Notwithstanding, a person cannot outcome a demand letter for more than than $500 more than the check amount.

Volition I go to jail if I'yard beingness charged with passing a bad check? Will I have a criminal record?

In many cases, a accuse for bad checks in NJ carries a presumption of non-incarceration for a outset offense. This means that a person may be able to avoid jail fourth dimension for a first-time accuse of a bad check. However, a conviction all the same means having a permanent criminal record that can haunt a person for years. Moreover, if the person has an existing criminal history, or if other criminal charges are leveled against him/her relating to the same incident, so he/she could nonetheless be sentenced to time behind confined. Thus, even if a person is facing a first-time charge of a bad check, it is disquisitional that he/she hires an attorney to assess the facts and build an effective defense with the best chance of avoiding jail fourth dimension and a criminal record.

Is check forgery the aforementioned equally a bad check?

Forging a check is a fourth-degree law-breaking and is a split up criminal offense from attempting to result the forgery. The latter would be considered a bad check and result in a person being charged with both crimes. In addition, these acts could betrayal 1 to other charges, such as theft past deception.

Is information technology illegal to bounce a check in NJ?

Information technology is illegal in New Jersey to write a check 1 knows will bounce. Notwithstanding, in near cases, the person may not necessarily be charged unless no endeavour is made to reimburse the payee or if information technology is a recurring problem. In addition, the greater the amount the more than likely ane is to exist charged for the offense.

Who Should I Contact?

If you lot or a loved ane has been charged with writing a bad check or whatever other criminal law-breaking in New Bailiwick of jersey, contact an attorney for aid. The lawyers at Rosenblum Law are skilled criminal defense attorneys with experience helping people prove their innocence and protect their rights. E-mail Rosenblum Law or telephone call 888-815-3694 today for a gratuitous consultation about your case.