It didn’t seem like such a big deal. Shelia had a ton of bills. She figured she’d just write out a bunch of checks. She didn’t bother to balance her checkbook. Shelia was famous for making simple arithmetic mistakes. After all, her direct deposit would soon hit. Shelia didn’t like to think of them as bad checks.
The checks were returned for insufficient funds. They came with huge fees.
This put Shelia is a bigger dilemma. She could barely afford the face value of the checks. The added bank fees just added to the problem. Shelia’s creditors started to call her. It seemed easiest to ignore them.
The vendors kept calling Shelia. BAD CHECKS. Yes, that’s exactly what they were.
Frustrated, the creditors decided to file criminal complaints against Shelia. She found herself in court defending her actions. Good thing she consulted the Law Offices of Beninato & Matrafaljo. We were able to provide her with experienced legal advice.
BAD CHECK LEGAL CHARGES
The law pertaining to bad check charges does not just apply to writing checks without sufficient funds. It also includes fraudulent electronic fund transfers and money orders.
One of the most crucial elements of proof is that the issuer knew there were not sufficient funds for the transaction.
It goes without saying that drawing checks on a closed account would fall into this category. The same would be true for making fraudulent ATM withdrawals. (After all, they are not slot machines. They are only intended to quickly access your OWN funds.
The amount of the erroneous transactions falls into four categories as follows:
- Crime of the second degree if the amount of the check, money order, or electronic funds transfer is $75,000.00 or more;
- Crime of the third degree if the amount of the check, money order, or electronic funds transfer is $1,000.00 or more but is less than $75,000.00;
- Crime of the fourth degree if the amount of the check, money order, or electronic funds transfer is $200.00 or more but is less than $1,000.00
- Disorderly persons offense if the amount of the check, money order, or electronic funds transfer is less than $200.00.
According to the State of New Jersey’s judiciary website, a conviction for a crime of the second degree can mean a 5-10 year jail sentence. Disorderly persons offenses could include up to six months in county jail. Of course, this doesn’t include fines, court costs and restitution.
Contact Us
We believe that some people do make simple mistakes. They can also make big ones. As criminal defense attorneys, we recognize the importance in working with the courts on our client’s behalf. Contact us to see how we assist you.
