New Jersey Check Fraud Defense Attorney
Charged with writing bad checks?
Have you been charged with Check Fraud, more commonly referred to as Writing Bad Checks? Did you write a check to a store thinking you had money in your account, and now you’re being indicted for fraud? Charges of Check Fraud can result when a person purposely writes a bad check, knowing it will not be honored, but it can also result from an innocent person’s mistake. If you’ve been charged with writing Bad Checks in New Jersey, you need a New Jersey Check Fraud Attorney.
My name is Anthony N. Palumbo, partner at The Law Offices of Anthony N. Palumbo and a former prosecutor with over 35 years of criminal trial experience. I understand every aspect of fraud cases and I can help you through this process. Whether you innocently wrote a check, believing it to be good or purposely wrote a bad check, I will aggressively defend your cause and make sure you receive the lightest sentence possible for your case. Contact me today for a free initial consultation at 908-643-6801 , and let’s get started on your defense. Our firm represents clients throughout New Jersey including the locations of Berkeley Heights, Eatontown, Fanwood, Garwood, Kearny, Elizabeth, Woodbridge, Linden, Rahway, Clark, Westfield, Cranford, Roselle, Roselle Park, Springfield, Plainfield, Maplewood, Scotch Plains, Kenilworth, Summit, Union Township, Sayreville, Piscataway, Edison, New Brunswick, East Brunswick, North Brunswick, Perth Amboy and Newark.
I also defend charges of:
- Unlawful taking
- Auto theft
- Identity theft
- Receiving stolen property
- Theft of services
- Shopping offenses
- Juvenile theft Offenses
- Breaking and entering
Understanding Check Fraud
Check fraud can take place under a number of different circumstances. In order to be convicted of Check Fraud, the person writing the check must know that it will not be honored when they’re writing it. However, a person can be presumed to know the check was bad based on certain conduct.
- For example: If the check is refused by the bank because the check writer had no money in their account, that check writer would be presumed to have known the check was bad when they wrote it.
Unfortunately, many people make the mistake of believing their account will cover certain checks when in fact they have miscalculated. If you have fallen victim to these circumstances, an experienced attorney will know how to rebut the presumption of your guilt. That is why it is so important to have an experienced check fraud attorney walk you through the legal process.
Take a look at the following types of conduct that can result in a conviction of Check Fraud.
- If a person writes a check knowing that it will not be paid, they are guilty of Check Fraud.
- However, even if that person did not know the check would not be paid when they wrote it, they will be presumed to have known that the check or money order would not be honored under any of the following circumstances:
- The person had no account with the bank that the check is from; or
- Payment was refused by the bank because there was no money in the account; or
- Payment was refused by the bank because the account was closed when whoever received the bad check tried to cash it or
- After giving the check to the PAYEE (person/place you gave it to) within 46 days after issue, and the check writer received notice of that refusal and failed to make the check good within 10 days of getting that notice, or within 10 days after the notice has been sent to the check writer’s last known address.
The presumption does not apply where the check or money order was post dated, and notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.
To view the entire New Jersey Statute on Bad Checks see N.J.S.A. 2C:21-5.
Penalties if Convicted
The penalties for Check Fraud depend on how much the bad check or money order was worth. The more the bad check was worth, the greater the crime or offense the check writer will be charged with. Take a look at the following breakdown of the different amounts of checks and the penalties that follow:
If the check or money order is $75,000.00 or more
- 2nd degree crime
- 5-10 years in prison
If the check or money order is $1,000.00 or more but is less than $75,000.00
- 3rd degree crime
- Up to 5 years in prison
If the check or money order is $200.00 or more but is less than $1,000.00
- 4th degree crime
- Up to 18 months in prison
If the check is less than $200
- disorderly persons offense
- Up to 6 months in prison
In addition to any fines that result from the penalties, the check writer will also have to pay restitution for the bad checks. This means that a person must give the amount of money on the bad checks to whoever the bad checks were issued to.
If you have been charged with writing Bad Checks in New Jersey, it is imperative that you have an experienced and knowledgeable New Jersey Check Fraud Attorney. In my 35 years of defending check fraud cases, I have obtained countless of downgraded charges and dismissals. There are many different defenses I can use on your behalf depending on the circumstances of your case. Contact me today for a free initial consultation at 908-643-6801 to discuss your defense. Let’s see if I can add your case to the countless of downgrades and dismissals I’ve obtained for Check Fraud Offenders in the past.