Author Clark & Noonan, LLC
Posted June 16, 2017
Category Criminal Defense
Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.
Posted: February 1, 2017
New Jersey Bad Checks Penalties
New Jersey statute 2C:21-5 is the statute which governs the offense of bad checks. An individual will be guilty of the offense of bad checks if the individual passes or issues a check, money order or similar document for the payment of money, knowing that the check, money order or document will not be honored by the bank or financial institution to which the check, money order or document was written from.
If an individual is prosecuted for theft relating to a bad check, the individual will be presumed to know that the check, money order or other document would not be honored and or paid if the individual did not have an account with the financial institution at the time in which the check, money order or document was issued. Additionally, an individual will be presumed to know that the check, money order or document would not be honored for the purposes of a theft prosecution if the individual fails to correct a refused payment for lack of funds or for a closed account, after receiving notice of the refusal.
The offense of bad checks varies drastically in degree. If the check or money order is in an amount of less then two hundred dollars, upon conviction, an individual will be guilty of a disorderly persons offense and may face up to six months in the county jail. If the check or money order is in an amount between two hundred dollars but less then one thousand dollars, the offense will be a fourth degree offense and therefore, upon conviction, an individual may face up to eighteen months in a New Jersey state prison. If the check or money order is in an amount of more then one thousand dollars but less then seventy five thousand dollars, the individual, upon conviction, will be guilty of a crime of the third degree and may face between three and five years in a New Jersey state prison. Finally, if the check or money order is in an amount of more then seventy five thousand dollars, upon conviction, the individual will be guilty of a second degree crime and may face between five and ten years in a New Jersey state prison.
In order to convict an individual of bad checks, the prosecution must demonstrate the individual issued a check knowing it would not be honored. Accounting mistakes and or bank errors do not fall under the crime of bad checks. Under these circumstances, a bad checks charge should be dismissed.
Obviously the potential penalties for bad checks can be substantial. It is therefore important that you contact our New Jersey criminal defense lawyers as soon as possible. Our attorneys represent individuals who have been charged with bad checks in all New Jersey counties and cities including the counties of Hudson Monmouth counties as well as the cities of Hoboken and Freehold.
If you have been charged with the offense of bad checks, call our law firm or click on the contact us tab. One of our New Jersey criminal defense attorneys will get back to you as soon as possible.
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