Check fraud, whether by mistake or intentional, can be a very serious charge and should not be taken lightly. A conviction for bad checks can result in probation, thousands in fines and restitution, a criminal conviction and even state prison incarceration. Founding attorney, Will Proetta, has represented clients for literally thousands of different criminal and municipal charges including bad checks. We defend clients against check fraud throughout New Jersey such as Secaucus, Jersey City, North Bergen, Newark, Harrison, Belleville, and Hoboken. As an experienced criminal attorney, our firm can work with the court towards resolving your charge as a downgrade or dismissal altogether or even securing your admittance into Pre-Trial Intervention. If you or a loved one has been charged with a criminal offense of check fraud or writing bad checks, contact our office anytime for immediate assistance at (201) 793-8018. We provide a free initial consultation and will answer any questions or concerns about representation.
2C:21-5 New Jersey Check Fraud Law
The check fraud statute 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.
$75,000 or more – Second Degree punishable by 5 to 10 years in state prison; presumption of incarceration
$1,000 to $75,000 – Third Degree Check Fraud punishable by up to 3 – 5 years in prison
$200 – $1,000 – Fourth Degree Check Fraud punishable by up to 18 months in prison
Less than $200 – Disorderly Persons Offense punishable by up to 6 months in county jail
Bad Checks Criminal Lawyer in Kearny NJ
As noted in the above statute, it is crime to “bounce” a check – write a check without having the amount in your bank account to cover it – even if you did not do it intentionally, as the state presumes your knowledge under certain circumstances. In today’s day and age most bad check crimes are indictable offenses handled up in the Superior Court because the threshold for a felony is so low at only $200. At the Law Offices of William A. Proetta we exclusively represent clients for criminal and municipal court charges in New Jersey. In our experience, a large portion of these cases are due to mix ups, oversight, or payment disputes which can be worked out through our negotiations with prosecutor and alleged victim. With our office conveniently located in Jersey City, we represent clients for check fraud in Weehawken, Union City, Kearny, Montclair, West New York, and Nutley. If you or a loved one is facing a criminal charge for writing bad checks contact us today at (201) 793-8018 for a free initial consultation with a defense attorney who can answer your questions and address your concerns.
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