Courts We Serve
- 10 January, 2020
- 21 April, 2018
- 15 April, 2018
Woodbridge 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. At The Law Offices of Jonathan F. Marshall, our attorneys include multiple former prosecutors and a team that been handling bad check charges for over 100 years combined. We handle charges filed under the bad check law throughout this region including not only Woodbridge but 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 732-634-0700.
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.