When someone writes a check and presents it to a bank or retailer, and does so knowing that their bank accounts can’t cover it, they’re committing a crime known as check fraud. Passing a bad check could be defended in court by claiming “you didn’t know” if the condition can’t prove intent. This is because passing a bad check can be unintentional, and rather, a consequence of poor or irresponsible banking practice. On the other hand, there are plenty of instances of intentional check fraud, which range from petty to white collar. What happens to a person who intentionally writes a fraudulent check? Continue reading to discover.
Intentional and Understanding
For a person to be convicted of check fraud, the state must show that the defendant wrote and filed the test knowing that there wasn’t enough cash in the account to pay the amount. This court standard is known as “intentional and understanding”, and it is the principal element to each check fraud case.
If a man or woman is simply bad at balancing their check book, it’s likely that they didn’t knowingly write a bad check. In cases like this, the state couldn’t prove intent, so the court couldn’t convict the defendant of check offense. However, the defendant may nevertheless be held accountable in civil court for any fraudulent checks written. In civil court, they may be ordered to pay restitution to the retailer which obtained the bad check. Not paying back restitution can lead to more lawsuits and bad credit scores.
This implies paying back the bank for any overdrafts and related fees, or paying back the retailer who cashed the check. In such cases, time is of the essence, so make sure you act fast. A phone call to inform the merchant can help prevent criminal charges from being filed.
Instead, the state will issue an arrest warrant and you’ll have to surrender to the prison and then post bond. If you’re concerned about being arrested or captured, you want to talk to a certified criminal defense lawyer immediately. They can help you create a strategy that best protects your rights and prevents the maximum penalties to your own charges.