Are you in need of information regarding the New Jersey bad check law or representation by a Union County Bad Check Defense attorney? If you are, we are ready to assist you. We have three attorneys on staff and each has at least 15 years experience handling criminal cases. Two of the lawyers are also former prosecutors who put their experience to work in every Union County case. The collective knowledge and skill of our legal team is second to none in Union County in our estimation. An attorney is available now to answer your questions at 1-877-450-8377. We hope you find the information regarding the Bad Check Law that follows of assistance.
The New Jersey Bad Check Law is set forth at N.J.S.A. 2C:21-5. This provision provides, in relevant part, that:
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:
a. The issuer had no account with the drawee at the time the check or order was issued; or
b. Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer’s last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.
The grading or severity of a bad check offense hinges on the amount to which the check was written. In this regard, the degree of crime and monetary thresholds for the writing of a bad check are as follows: $75,000 or more is a Second Degree Crime; $1,000 to $75,000 is a Third Degree Crime; $200 to $1,000 is a Fourth Degree Crime; and $1 to $200 is a Disorderly Persons Offense. A Second Degree Offense is punishable by 5-10 years in jail. A Third Degree carries up to 5 years in jail and a Forth Degree Offense involves up to 18 months in jail. The maximum jail on a disorderly persons offense of writing a bad check is 6 months.
Individuals arrested and/or charged with a bad check should consider hiring an attorney immediately as much of the damage associated with these Union County offenses can be minimized through proactive efforts of an experienced attorney. We can frequently succeed in obtaining a downgrade and, in some cases, even a dismissal, of a bad check charge if we are retained early. An attorney experienced in defending individuals in Union County for writing a bad check is available to assist you immediately. Do not hesitate to contact us now at 1-877-450-8377 if you would like to know how we can help you.
