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South Jersey Check Fraud Defense Attorney
Dedicated Bad Check Charges Lawyer Defends Clients in Camden County, Burlington County, and Throughout New Jersey
To some, writing a bad check—something that can even happen accidentally—may seem like a minor issue. However, it can have serious consequences and can lead to theft charges against the perpetrator. If you or a loved one has been charged with such a crime for any reason, contact an experienced South Jersey check fraud defense attorney at Gelman Law, LLC today. Our committed bad check charges lawyer can review your situation and provide you with a sound legal defense after reviewing your case. Contact us today for more information.
Facing Fraud Charges And Have Questions? We Can Help, Tell Us What Happened.
New Jersey Statutes N.J.S.A.2C:21-5 on Check Fraud and Bad Checks
According to New Jersey state statutes N.J.S.A.2C:21-5, anyone who issues a check, money order, electronic funds transfer, or other document or form of financial transaction knowing that it will not be honored by the financial institution against which it was drawn has committed theft. In New Jersey, bad check allegations can be made by anyone, from police officers and employers to private citizens and store/retail workers. These parties can file a criminal complaint against someone else for theft charges as long as there is probable cause.
South Jersey Check Fraud Defense Attorney Defends Against Bad Check Penalties
In New Jersey, minor crimes – sometimes called misdemeanors in other states – are called disorderly persons offenses. More serious crimes – known as felonies in other states – are called indictable crimes. For bad checks, you can face the following disorderly persons and/or indictable crimes charges, depending on the severity of the crimes in question and any relevant case specifics that can impact your charges and/or sentences.
- A disorderly persons offense for checks of less than $200, along with fines of up to $1,000 and up to 6 months in jail;
- A fourth-degree crime for checks of between $200 and $1,000, along with fines of up to $1,000 and up to 1.5 years in jail;
- A third-degree crime for checks of between $1,000 and $75,000, along with fines of up to $15,000 and up to 5 years in prison;
- A second-degree crime for checks of more than $75,000, along with fines of up to $150,000 and up to 10 years in prison.
These are harsh sentences and penalties, particularly if you find yourself facing them if you were unknowingly or mistakenly involved in a theft and check fraud or bad check crime. Contact a qualified South Jersey check fraud defense attorney at Gelman Law, LLC to learn more about how we can help you overcome the charges you face.
An Experienced Bad Check Charges Lawyer in Cherry Hill, NJ Can Effectively Question the Elements of Proof in Your Case
As per N.J.S.A. 2C:21-5, the prosecution must show that you wrote or issued the bad check in question and that you knew at that time that the check would not be honored for you to be convicted.
To prove knowledge that the check would not be honored, consider the following. Assume that when the check in question was written, the issuer did not have an account at the bank from which the funds would be drawn. Based on this, the court or judge may reasonably rule that you knew that the check would not be honored.
Our legal team can bring to question what you knew, what you did not, and how the prosecution can prove your knowledge of whether the check would be honored or not to demonstrate that you are not at fault for the alleged crime or that you should not be charged with a serious offense when either amends can be made or other avenues are open, such as restitution. The best place to start is by speaking with a knowledgeable South Jersey check fraud defense attorney at Gelman Law, LLC so that we can review your case and walk you through what you need to do to overcome these charges.
South Jersey Check Fraud Defense Attorney Uses Proven Strategies to Defend Against Bad Check Charges
Facing charges of any kind can be frightening, but an experienced bad check charges lawyer in Camden County, NJ t our firm may be able to find a successful solution for you. We will look for grounds for dismissal during discovery and will bring into question the proof presented by the prosecution.
Examples of how we can do this include:
- Demonstrating that the check in question was either illegible or not filled out;
- Showing that the check did not have all of the required signatures;
- Showing that it was a postdated check as these are excluded from theft charges as per N.J.S.A.2C:21-5 since they are written knowing that there are insufficient funds or other conditions that make the check invalid – something that both the issuer and recipient are aware of;
- The bank was unable or refused to honor a hold placed on the check;
- The bank failed to send the issuer a refusal notice or the issuer did not receive such notice;
- Other factors such as mistakes in calculating account balances or incorrectly anticipating a deposit that did not happen can be used to prove a lack of intent to commit a crime.
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Contact an Experienced South Jersey Check Fraud Defense Attorney at Gelman Law, LLC Today
A reputable bad check charges lawyer in Cherry Hill, NJ at Gelman Law, LLC is just a call away. Do not hesitate to reach out to us for assistance with your case. Having an experienced and dedicated check fraud attorney in your corner can be the difference between a conviction and a dismissal of your charges, so call us now for a free consultation.
Frequently Asked Questions About Check Fraud and Bad Check Charges in New Jersey
Yes. These include conditional discharge programs, pretrial intervention programs, intensive supervision programs, and conditional dismissal programs. These are all for first-time offenders, but the right program will be selected by the court or judge. There are also veterans’ diversion programs. Speak with our team to learn more about which program would be the best fit for your particular case.
Yes. A bad check conviction can be expunged from your criminal record if you are eligible, which typically means having 5 or fewer disorderly persons convictions or 1 felony and 3 disorderly persons convictions. Depending on the case specifics, you must wait 5 or 6 years (depending on if you have a felony on record) after the completion of any applicable sentences and the repayment of any fines to have your conviction expunged. Call a trusted bad check charges lawyer in Camden County, NJ at our firm for assistance with expunging any prior convictions you may have on record.