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New Brunswick Bad Check Defense Lawyer
Check Forgery and Fraud Charges in Middlesex County
If you have been charged with a bad check offense, including forgery or fraud involving a check in New Brunswick, our attorneys are ready to defend you. The Law Offices of Jonathan F. Marshall is the largest criminal defense firm in the region and employs several former prosecutors, including Jason Seidman, the ex-supervisor of the gangs, guns and drugs task force at the Middlesex County Prosecutor’s Office. Our lawyers also have over 100 years of collective experience defending identity theft and other offenses at the Superior Court in New Brunswick and elsewhere in the region. For an immediate free consultation with a criminal defense lawyer on our team, call our New Brunswick Office at 732-246-7126.
What Must Be Established To Prove A Bad Check? The prosecutor must prove that the accused issued or passed a check or money order knowing that it would not be honored. More specifically, the state must establish, beyond reasonable doubt, that the defendant: (1) knowingly issued or passed a check for the payment of money; and (2) must have known that the check would not be honored when it was passed or issued.
Presumption Of Knowledge That The Check Was Bad. As previously stated, someone cannot be convicted for writing a bad check unless they possess knowledge that the check would be dishonored. In other words, they have to know that the check was bad when it was written in order to commit this violation. This knowledge may be presumed if either of the following facts exist: (1) the issuer lacked an account with the drawee bank when the check or money order was written; or (2) the bank refused to cover the check for lack of funds or because the account was closed and the issuer failed to make good on the check within 10 days after receiving notice that the bank refused to make payment or cover the check.
Post-Dated Checks. A post dated check can result in a bad check charge but the presumptions of knowledge previously set forth do not apply in this instance.
Grading. The severity of a bad check offense hinges on the dollar value of the check or money order. Writing a bad check with a value of less than $200 is a disorderly persons offense. A check having a value of at least $200 but less than $1,000 results in a fourth degree crime. Issuing a bad check in the amount of at least $1,000 but less than $75,000 is a third degree. It is a second degree crime to write a check in the amount of $75,000 or more.
Penalties for Writing Bad Checks in NJ. A disorderly persons offense for writing a bad check carries up to 6 months in the county jail and a fine of up to $1,000. Fourth degree bad check charges result in a fine that can reach $15,000 and up to 18 months of incarceration. There is a fine of up to $15,000 and state prison term of up to 5 years for issuing a third degree bad check. A second degree bad check charge triggers 5-10 years in prison and a fine of up to $150,000.
Court Where Your Case Will Be Heard. The municipal court in New Brunswick, Woodbridge, Edison, North Brunswick and other high volume shoplifting municipalities only have jurisdiction to handle disorderly persons offenses. Indictable charges in the second, third and fourth degree are heard at the County Courthouse, New Brunswick NJ.
New Brunswick Bad Check Attorneys
If you or a loved one has been charged with forgery of a check, identity theft, check fraud or writing a bad check, we understand the seriousness of the charge. Years in prison, not to mention other penalties, lay in the balance. The attorneys at The Law Offices of Jonathan F. Marshall will insure that these consequences are minimized. Whether its savvy negotiating or battling your case to the end at trial, you can count on a lawyer at our firm to secure the outcome you require. Call us anytime 24/7 for an immediate consultation.