Elizabeth, NJ Bad Check Attorney

Writing a bad check, also known as issuing a dishonored check, can land you in legal trouble in New Jersey. This page explains the laws surrounding bad checks in the state, including the different offenses, penalties, and what to do if you’ve been accused. Keep in mind, when facing a bad checks charge in New Jersey, you could also face forgery, theft of services, and theft by deception. If you’re facing a bad checks charge in New Jersey, consider retaining Brett M. Rosen as your criminal defense attorney. Here’s why:

• Experience: Brett is licensed in both New Jersey and New York, with a track record of vigorously defending clients in court.
• Expertise: He specializes in a wide range of criminal cases, including DUI & DWI, domestic violence, and serious offenses.
• Strategic Approach: Brett’s approach includes thorough investigation, strategic planning, and assertive representation.
• Results-Oriented: He aims for the best possible outcome, whether that’s dismissal, acquittal, or reduced sentencing.
• Recognized: Brett has been recognized for his legal skills and consistently delivers results.

Contact our office today for a consultation regarding your New Jersey bad check charge.

Is it Illegal to Write a Bad Check in New Jersey?

Yes, writing a bad check is illegal in New Jersey under N.J.S.A. 2C:21-5. The severity of the offense depends on the amount of the check. Remember, it is the prosecutor’s burden to prove each element beyond a reasonable doubt. The elements that the prosecutor must prove, according to the New Jersey Model Jury Charge, are the following: 

1. That defendant knowingly issued [or passed] a check [or sight order] for the
   payment of money and
2. That defendant knew at the time he/she issued [or passed] the check [or sight
   order] that it would not be honored by the drawee.

If the prosecutor cannot prove both elements beyond a reasonable doubt, then the jury must find the defendant not guilty. 

What are the Different Offenses for Bad Checks in NJ?

New Jersey categorizes bad checks based on their value:

• Disorderly Persons Offense (Under $200): This is the least serious offense. Penalties can include a fine of up to $1,000 and up to 6 months in jail.
• Fourth-Degree Crime ($200 to $999): This is considered a felony. Penalties can include a fine of up to $10,000 and up to 18 months in prison.
• Third-Degree Crime ($1,000 to $74,999): This is a more serious felony. Penalties can include a fine of up to $15,000 and up to 5 years in prison.
• Second-Degree Crime ($75,000 or More): This is the most serious offense for bad checks. Penalties can include a fine of up to $150,000 and up to 10 years in prison.

What Happens After a Bad Check Bounces?

Here’s the typical process:

1. The Bank Refuses Payment: The payee (recipient) deposits or cashes the check, but the bank dishonors it due to insufficient funds or a closed account.
2. Notice of Dishonor: The payee or bank typically notifies you in writing about the bad check.
3. Opportunity to Fix the Check: New Jersey law grants you 10 days to make good on the check by paying the full amount in cash or with a certified check.

What if I Don’t Fix the Check?

If you fail to pay the dishonored check within 10 days of receiving notice, you could face criminal charges based on the check amount.

New Jersey Bad Check Charge Defenses: Fight the Accusation

What are the Defenses for a Bad Check Charge?

Depending on the circumstances, you may have a defense against a bad check charge, such as:

• Mistake: You unintentionally wrote the check for an incorrect amount.
• Bank Error: The bank made an error processing the check.
• Stop Payment Order: You issued a stop payment order before the check was cashed.
• Insufficient Notice: You didn’t receive proper notification about the bad check.
• Insufficient Funds vs. Knowledge of Insufficiency: A key distinction. If you had a reasonable basis to believe the check would clear (e.g., recent deposit, accounting error), it strengthens your case.
• Post-Dated Check Cashed Early: A check dated for a future date cashed prematurely might hold merit.
• Civil Dispute: If the bad check stemmed from a legitimate disagreement over goods or services rendered, it might be better suited for civil court rather than criminal charges.
• Technicalities: If the check itself was incomplete or improperly filled out (missing signatures, illegible writing), it might be grounds for dismissal.

The statute of limitations for a bad check charge in New Jersey depends on the severity of the offense, which is determined by the amount of the check:

• Disorderly Persons Offense (under $200): The statute of limitations is one year from the date the check was issued. If the charge isn’t filed within this timeframe, the case is likely dismissed.
• Indictable Crime (over $200): The statute of limitations extends to five years from the date of the offense. This applies to bad checks categorized as fourth-degree, third-degree, or second-degree crimes depending on the check amount.

New Jersey Bad Check Charge: PTI or Conditional Dismissal? Your Options Explained

A bad check charge in New Jersey can be stressful. But are there ways to avoid a criminal record? This guide explores the possibilities of Pre-Trial Intervention (PTI) and Conditional Dismissal, helping you refine your Google search for more details.

Understanding the Programs:

• PTI (Pre-Trial Intervention): This program in Superior Court allows eligible defendants facing indictable offenses (felonies) to avoid trial by completing supervision and programs.
• Conditional Dismissal: Offered in Municipal Courts, this program lets defendants with disorderly persons offenses (misdemeanors) avoid a criminal record upon successful program completion.

Which Program Applies to Your Case?

• Check Amount is Key: In New Jersey, bad checks under $200 are typically disorderly persons offenses, while those exceeding $200 fall under indictable offenses.
• PTI Potential: If your bad check was over $200, PTI might be an option.
• Conditional Dismissal Possibility: For bad checks under $200, Conditional Dismissal could be a route to explore.

Important Considerations:

• Eligibility Requirements: Both programs have eligibility criteria (no prior convictions for Conditional Dismissal, for example).
• Attorney’s Role: A New Jersey criminal defense attorney, such as Brett M. Rosen, can assess your situation and determine if PTI, Conditional Dismissal, or another defense strategy is best for you.

What Should I Do if I’m Accused of Writing a Bad Check?

If you’re facing a bad check charge in New Jersey, it’s crucial to consult with a qualified criminal defense attorney, such as Brett M. Rosen. An attorney can advise you on your legal options, represent you in court, and help you navigate the legal process. Contact our office today for a consultation.

New Jersey Bad Check Charge: Frequently Asked Questions

Facing a bad check charge in New Jersey? You’re likely not alone and have questions. Here’s a breakdown of some frequently asked questions (FAQs):

Understanding the Charge:

• What is the penalty for a bad check in New Jersey? Penalties depend on the check amount. Disorderly persons offenses (under $200) have lighter penalties than indictable offenses (felonies) for larger checks.
• How serious is a bad check charge in NJ? The severity hinges on the check amount. Under $200 is less serious, while checks exceeding $200 can be considered felonies.

Defending the Charge:

• What are some defenses for a bad check charge in New Jersey? Defenses can include lack of knowledge of insufficient funds, mistaken belief funds were available, banking errors, or post-dated checks cashed early. Consulting an attorney is crucial for exploring your options.
• Can I get the bad check charge dismissed? There are possibilities for dismissal depending on the specifics of your case and potential defenses. An attorney can advise you on the likelihood of dismissal.

Considering PTI or Conditional Discharge:

• What is PTI (Pre-Trial Intervention)? This program allows avoiding trial for indictable offenses (felonies) by completing supervision and programs.
• Can I get PTI for a bad check charge? PTI is typically for checks exceeding $200 (indictable offenses). A lawyer can determine your eligibility.
• What is Conditional Discharge? This program allows avoiding a criminal record for disorderly persons offenses (misdemeanors) by completing probation and meeting specific requirements.
• Is Conditional Discharge an option for a bad check charge? Conditional Discharge is a possibility for checks under $200 (disorderly persons offenses). Consult a lawyer to assess your eligibility.

New Jersey Bad Check Charge: More FAQs to Help You Navigate

Here’s an expansion on the frequently asked questions (FAQs) to shed more light on bad check charges in New Jersey:

• What happens if I ignore a bad check charge?
  • Ignoring a court summons for a bad check charge can lead to a warrant for your arrest. It’s best to address the situation head-on by appearing in court or contacting a lawyer.
• How long does a bad check charge stay on my record?
  • If the charge is dismissed, it typically won’t appear on your criminal record. However, convictions can stay on your record for years, potentially impacting employment, housing, and other aspects of life.
• Can I write checks again if I have a bad check charge?
  • This depends on the severity of the charge and the outcome of your case. Some banks may restrict your check-writing privileges, but there’s no universal ban.
• What if I already paid the bounced check amount?
  • Promptly paying the owed amount, plus any fees, can demonstrate good faith and potentially lead to lesser penalties or even dismissal of the charge.
• What are the civil repercussions of a bad check?
  • Even if you don’t face criminal charges, the payee might sue you in civil court to recover the check amount and potentially additional fees.
• Is there a difference between a stop payment and a bounced check?
  • A stop payment instructs your bank to refuse payment on a specific check, while a bounced check happens when there aren’t enough funds to cover the check amount.
• What if I’m unsure about the details of the bad check charge?
  • It’s crucial to obtain a copy of the complaint to understand the specifics of the charge, including the check amount and alleged offense.

Premier New Jersey Bad Check Charge Lawyer

Brett M. Rosen, a New Jersey criminal defense attorney, can be an excellent choice for handling a bad check charge. Here are some reasons to consider retaining him:

1. Experience: Brett M. Rosen has extensive experience in criminal defense, including cases related to bad checks. His knowledge of New Jersey laws and legal procedures can be invaluable.
2. Legal Expertise: He specializes in defending clients facing bad check fraud charges. His understanding of the nuances of bad check cases allows him to build strong defenses.
3. Case Assessment: Brett M. Rosen will thoroughly assess your case, examining the evidence, circumstances, and potential defenses. He can provide personalized advice based on your situation.
4. Negotiation Skills: If appropriate, he can negotiate with prosecutors to seek reduced charges or favorable plea bargains. His negotiation skills can help achieve the best possible outcome.
5. Record Expungement: If convicted, he can guide you through the process of expunging the offense from your record, minimizing its long-term impact.

Remember to consult with Brett M. Rosen directly to discuss your specific case and explore your legal options. 📞