Certified Criminal Trial Attorney Representing Clients Charged with Bad Checks
The law of New Jersey strictly prohibits the writing of bad checks, drafts, and debit card orders, or stopping payment on a check, draft, or written order with intent to defraud. Passing a bad check can also be charged as theft by deception.
Consequences of Passing a Bad Check
A person who issues or passes a check or similar order for the payment of money, knowing that it will not be honored by the drawee. An issuer is presumed to know that the check or money order (other than a postdated check or order) would not be paid, if: the issuer had no account with the drawee at the time the check or order was issued; or 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.
The penalties for this offense depend on the dollar amount involved. Typically, persons in municipal court are charged with a disorderly persons offense if the dollar amount of the bad check is less than $200. Other times persons will be charged with a fourth degree crime if the check or money order is $200 or more but is less than $1,000; however, these charges are often downgraded by the County Prosecutor's Office to a disorderly persons offense and remanded to the local municipal court for adjudication. The penalties for a disorderly persons offense can be up to 6 months in the county jail, probation, and a maximum fine of $1,000.
Years of experience have taught Certified Trial Attorney Michael Rubas that every bad check case is fact sensitive and that a complete, well planned defense is required. Rubas Law Offices explore every bad check case to identify any issues that can assist in defending and/or negotiating the best outcome for our clients.
Michael Rubas has an Monmouth County office in Spring Lake Heights (732) 820-4332 that serves clients at the Jersey Shore including, but not limited to, the municipalities of Asbury Park, Belmar, Brielle, Manasquan, Neptune, Sea Girt, Spring Lake, and Wall as well as all Ocean County municipalities. The Jersey City office (201) 448-9866 serves clients in all Northern New Jersey Municipal Courts.