Middlesex County Bad Check Defense Lawyers
Passing, writing, or issuing a bad check can have serious consequences in Woodbridge, New Brunswick, or another municipality in Middlesex County. And even though the criminal complaint charging you with a violation of N.J.S.A. 2C:21-5 may have been the result of an innocent mistake, it is important that you take the charge serious and speak to our lawyers. The reason we say this is because a conviction for writing a bad check is, in the vast majority of cases, a felony that carries the potential for years in prison and results in permanent criminal record. The guidance from an experienced criminal lawyer can insure that the matter is resolved as smoothly and painlessly as possible.
Unparalleled Qualifications To Ensure Your Get The Best Defense Possible
Let’s face it, talk comes very cheap on the internet so you need look for real qualifications. Don’t settle for bald statements about how many cases someone has handled or all the great results they claim because these aren’t things that you can readily verify. You need to look for experience and connections that jump out from an attorney bio. This is precisely what you get at the Law Offices of Jonathan F. Marshall, including:
- 15 attorneys who limit their practices of representing individuals accused of violating the law
- 200 years of combined experience defending bad check and other theft related criminal offenses
- An attorney who was a Director in the Middlesex County Prosecutor’s Office, the agency that will be prosecuting your charge if the bounced or dishonored check was $200 or more
- Lawyers who served as prosecutors in Edison, Woodbridge, East Brunswick, Piscataway, Sayreville, North Brunswick, South Brunswick, and elsewhere in the county
- Certified criminal trial attorneys on staff
- Offices conveniently located directly across from the Middlesex County Superior Court on Paterson Street in New Brunswick, and along U.S. Route 1 in Edison
We handle charges filed under the bad check law throughout this Middlesex County, including Woodbridge, Highland Park, Old Bridge, Plainsboro and Middlesex Borough. We certainly have the ability to help you and a free initial consultation is just a telephone call away by contacting our Woodbridge Office at 732-751-4458.
How Does the Prosecutor Prove a Bad Check Offense?
There are essentially two (2) elements that the prosecutor must establish in order to convict an individual under N.J.S.A. 2C:21-5. Each of these elements must be proven beyond reasonable doubt. First, the accused must have issued or passed a check. Second, the accused must have known that the check would not be honored by the bank. In this regard, it is presumed by law that the defendant possessed knowledge that the check would not be honored if they lacked an active account for the check (i.e. the bank account had previously been closed), or where the check was timely deposited but refused for lack of funds or due to a closed account and the accused failed to cover the check within ten (10) days of being notified of the refusal.
Grade of this Offense. If the check is in excess of $75,000, the charge is a second degree crime. It is a third degree crime to pass a check with a value of between $1,000 and $75,000. Fourth degree charges apply where the check is at least $200 but less than $1,000. These are all indictable crimes and felony offenses that are handled in New Brunswick at the Middlesex County Superior Court. Checks for less than $200 result in a disorderly persons offense, which is a misdemeanor, and typically handled in municipal court.
Penalties For Writing a Bad Check
If you are convicted of a second degree bad check, you will face between five (5) to ten (10) years in prison and a fine up to $150,000.00. Third degree bad check charges result in three (3) to five (5) years in prison and a fine up to $15,000.00. A conviction for fourth degree bad check writing results in jail that can reach eighteen (18) months and a fine of up to $10,000.00. A case involving a bad check falling within these grades is an indictable offense that may only be resolved at the county court. When a bad check charge is a disorderly persons offense, you face a fine of up to $1,000 and six (6) months in jail. A violation of this grade is capable of being handled in municipal court.
Edison NJ Bad Check Attorney
Edison has many malls, department stores and other retailers which makes for a higher number of bad checks than most towns. This is a primary reason why our lawyers defend so many of these violations in Edison Municipal Court. If you have been charged with writing a bad check in New Brunswick, Piscataway, East Brunswick, Cranbury or elsewhere, the attorneys at The Law Offices of Jonathan F. Marshall are available to assist you immediately by calling our East Brunswick Office at 732-227-1200. There is no obligation for the consultation so do not hesitate to take advantage of this opportunity.
Frequently Asked Questions in Middlesex County Bad Check Cases
Is Writing A Bad Check Against The Law In New Jersey? Yes. Writing a bad check, also known as check fraud, is a criminal offense in New Jersey. However, writing a check that fails to clear is not always a crime. Certain requirements must be met before someone can rightfully be convicted of writing a bad check. If you have been charged with writing a bad check, it must be proven that you issued a check to someone and you knew the check would not be honored by the bank. This can be proven by establishing that the account listed on the check was not active or by establishing that you knew that there were insufficient funds in an account to cover the amount for which the check was written.
Is Writing A Bad Check A Felony In New Jersey? In New Jersey, writing a bad check can be charged as an indictable offense or a disorderly persons offense. Indictable offenses (essentially felonies) are serious crimes and can result in significant jail time and/or fines. Whether you will be charged with an indictable bad check offense will depend on the circumstances of your case. New Jersey grades bad check offenses based on the amount that a bad check was written for. Any bad check written for $200 or more may result in an indictable bad check charge.
Is It Illegal To Stop Payment On A Check? Stopping payment on a check can be a crime in New Jersey under specific circumstances. If you stop payment on a check and return the item you were purchasing, then there is no crime. Similarly, if you stop payment with the intent to settle the amount you owe, that may also be permissible. It is only illegal to stop payment if you do so with the intent to defraud the person whom you gave the check. This means that you purposefully stopped payment on the check to get out of paying the person you issued the check to.
Can I Go To Jail For Writing A Bad Check? Yes. Writing a bad check can be charged as an indictable offense in New Jersey. This means that you can be sentenced to up to 10 years in jail if you are convicted. The sentence you could receive for writing a bad check will depend largely on the amount of the check and your prior criminal history. While most bad check offenses result in a relatively minor penalty, repeatedly issuing bad checks will increase the likelihood that you will serve jail time.
Can I Be Charged With Check Fraud If I Mistakenly Write A Bad Check? In most cases, you will not be charged with writing a bad check (also known as check fraud) if you simply make a mistake and overdraw your account. To prove a bad check charge, it must be shown that you knew the account was inactive or had insufficient funds. If you write a bad check, and within 10 days of receiving notification from the bank regarding insufficient funds you deposit enough money to cover the check, you should not be charged with writing a bad check.
What Are Some Defenses To Writing A Bad Check? To prove a bad check offense, a prosecutor must show that you knew that the check would not be honored by the bank. Simply over drafting your account due to an error or mix-up will likely not be enough to prove that you knew the bank would not honor the check. Additionally, if you promptly resolve the issue by depositing more money into the account to cover the check, you will likely not be charged with a bad check offense. You may also defend against a bad check offense if you can show that you were not the person who wrote or issued the check. If the check was written by someone to whom you did not give permission to write or issue, then you should not be convicted of writing a bad check.
Will A Bad Check Offense Conviction Go On My Criminal Record? Yes. If you are convicted of writing a bad check, both the arrest and conviction will go on your criminal record. If you are convicted of an indictable bad check offense (essentially a felony), the conviction will likely remain on your record indefinitely. Disorderly persons bad check offenses may be eligible for expungement or a diversionary program that will ultimately result in the charge being withdrawn once you complete certain conditions set by the court.
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