Defenses Against Worthless Check Charges
A worthless check, also known as a bad check, is a check that is written out or provided for payment when the person making the check has insufficient funds to cover the amount or when there is no such account linked to the check. There are different degrees of worthless check or bad check charges, depending on the specific circumstances, and the value of the worthless or bad check. How can you defend against these types of criminal fraud charges under state or federal law? To build a strong defense, you will need to have a clear understanding of the elements of the charges you are facing, and then you may have multiple defense options depending on the facts surrounding your arrest.
Understanding Worthless Check Charges
Giving a worthless check (including debit card orders and bank drafts) can be charged under Section 832.05 of the Florida Statutes. The offense involves various forms of payment when the person “know[s] at the time of the drawing, making, uttering, issuing, or delivering of such check or draft, or at the time of using such debit card,” that they do not have sufficient funds to cover the amount.
Under federal law, 25 CFR 11.421 allows for prosecution related to bad checks when “a person issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.”
The specific charges can be misdemeanor or felony offenses, depending on the specifics of the case.
How to Defend Against Worthless Check Charges
Now, how can you defend against worthless check charges? In most cases, the strongest defense will be proving that you did not have knowledge of a lack of funds and that you thus did not intend to pass a bad or worthless check. In general, the following are potential defense strategies that you can discuss with an attorney:
- No knowledge of lack of funds and no intent to pass a bad or worthless check;
- You were under duress at the time of issuing the bad check;
- Bank error occurred;
- Another party forged the check;
- Constitutional violation occurred in the process of your investigation or arrest.
Contact a Tampa Criminal Defense Attorney for Help Fighting Worthless Check Charges You Are Facing
Criminal offenses involving worthless checks can range from misdemeanor offenses to serious felony offenses. These cases can also be difficult and complicated, we know, because you may have unintentionally written a worthless check or you may have done it out of necessity for your family. No matter what the circumstances might be around the worthless check charges you are now facing, you should know that a fraud defense attorney can help you to fight the charges. An experienced Tampa fraud crimes defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today to learn more about the details of your case and to begin working with you to develop a strong defense strategy. Often, in worthless check cases, even if it is not possible to have the charges dropped entirely, it may be possible to reach a plea agreement that will not come with any jail time and may be able to result in misdemeanor rather than felony charges. Contact us today for assistance.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0832/Sections/0832.05.html
law.cornell.edu/cfr/text/25/11.421
