Writing Bad Checks | Toms River, NJ

Writing bad checks is illegal in New Jersey under state statute NJSA 2C:21-5. The act of writing bad checks is committed when you write a check, but don't have the funds in your account to cover the amount written. Writing a bad check can be an innocent mistake or done maliciously. But, the consequences can be harsh regardless. If you've been convicted of writing bad checks, you need to hire a defense attorney right away. To be convicted of the crime, a defendant must be presumed to have known the check would not be honored when they wrote the check.

Laws for Writing Bad Checks

Writing a bad check is defined as just that but also extends to the drafts and debit card orders. It can also be a crime to stop payment on a check, draft, or written order if the intent in doing so was to defraud.

For a prosecutor to convict you of writing bad checks, the following must be proven.
  • Check must have been cashed within 46 days of the date it was written
  • Bank must have refused to honor the check because the account was closed, or there were insufficient funds in the account
  • You must have received a notice from the person that cashed the check or the bank within ten days notifying you that the check was not honored. (You have ten days from the date of notice to write a good check)

If you do not fix a bad check situation within ten days of being notified, the prosecutor will assume you knew the check wouldn't be honored in the first place.

Consequences for Writing Bad Checks

If the amount of the written check or money order was less than $200, it would be handled by the municipal court. In this situation, you could face a prison sentence of up to 6 months and a fine of up $1,000. If the prosecutor can prove you used a vehicle in the course of the crime, you can also have your driver's license suspended for up to 2 years. The higher the amount is over $200, the harsher the consequences.

Offenses for Writing Bad Checks

The seriousness of this crime depends on the amount the check was written for. In New Jersey, the degree of the offense depends on the amount of the check.

  1. Disorderly persons offense when the bad check was less than $200
  2. A crime of the 4th degree when the bad check is more than $200 and less than $1,000
  3. A crime of the 3rd degree when the check is more than $1,000 and less than $75,000
  4. A crime of the 2nd degree when the check is more than $75,000

New Jersey Defense Attorney

If you are falsely accused of writing a bad check in New Jersey, you need to hire a defense attorney right away. With the right legal representation, it may be possible to resolve a bad check charge without a conviction or trial.

Contact Daniel E. Berger, Esq., for immediate assistance with your bad check charge. Mr. Berger has defended thousands of criminal cases and offers free consultations.