Can I face criminal charges for writing a bad check?

When a person writes a check and presents it to a bank or merchant, and he does so knowing that his bank account cannot cover it, he is committing a crime called check fraud. Approval of a bad check can be defended in court by claiming that you “did not know” if the state cannot prove its intent. This is because writing a bad check is sometimes unintentional and rather the result of poor or irresponsible banking practice. On the other hand, there are countless cases of intentional check fraud, ranging from the smallest to the white collar. What happens to a person who knowingly writes a fraudulent check? Read on to find out.

Intentional and conscious

For a person to be convicted of check fraud, the state must prove that the defendant wrote and presented the check knowing that there was not enough money in the account to cover the amount. This judicial standard is called “willful and knowing,” and it is the main element in every check fraud case.

If a person is just bad at balancing their checkbook, they may not have knowingly written a bad check. In this case, the state was unable to prove intent, so the court was unable to convict the defendant of the crime of control. However, the defendant can still be held liable in civil court for any fraudulent checks issued. In civil court, they can be ordered to pay restitution to the merchant who received the bad check. Failure to return the refund could lead to more lawsuits and poor credit ratings.

What to do if you write a fraudulent check

If you accidentally write a bad check, you must resolve the situation immediately to show that you are not trying to defraud anyone. This means reimbursing the bank for overdrafts and associated fees, or reimbursing the merchant who cashed the check. In these cases, time is of the essence, so be sure to act quickly. Even a phone call to notify the merchant can help avoid criminal charges.

Intentional check fraud

If you intentionally wrote a fraudulent check, the police are not likely to knock on your door to arrest you. Instead, the state will issue an arrest warrant and you will have to turn yourself in to jail and then post bail. If you are concerned about being arrested or caught, you should speak to a licensed criminal defense attorney immediately. They can help you develop a plan that better protects your rights and avoids the maximum penalties for your charges.

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