N.J.S.A. 2C:21-5: How to prove a bad check charge
If you have been issued a complaint for writing a bad check, it is most likely the result of a complaint filed by a merchant. In some instances, it is the merchant’s way to force you to make good on the check. In other cases, it is to punish you. Whatever the case, it is important to obtain legal representation for a bad check charge.
To prove a bad check charge, the prosecution must show that you purposely issued the bad check.
The law dealing with bad check charges states that there are two circumstances where the Court can simply infer that you knew the check would not be honored, whether or not you dispute that you intended to issue a bad check.
The first way that the Court can infer that a bad check was written on purpose it perhaps the most common. This occurs when an individual writes a check on an account that is closed. For example, if you wrote a check on December 1 and knew that you closed the account on October 1, the Court would infer that you knew the check would not be honored.
The second way that a Court can infer that a bad check was written on purpose is a little more complicated. The prosecutor must show the following facts occurred:
• The merchant must try to cash or deposit the check within 46 days from the time the check was written.
• The bank must then refuse to honor the check because there are either insufficient funds or the account is closed.
• The bank or the merchant must send some notice to you that the check has not been honored. You then have 10 days to make good on the check.
• If you do not make good on the check within 10 days, the court can conclude that you knew that the check would not be honored when you first wrote it.
Thus, whether or not you intentionally wrote a bad check may not be a determining factor in fighting a bad check charge. This makes it even more important to obtain a New Jersey criminal lawyer.
For information about the potential consequences of writing a bad check, please click here. If you have been charged with issuing a bad check, please contact The Cintron Firm, with locations in Ridgefield Park, New Brunswick, Montclair, West New York and Parsippany, for a free consultation.