Everyone has money troubles from time to time. Between writing checks for rent, the utilities, and debt payments, it is easy to slip up and write a check that won’t be honored. For other people, a strained financial situations can lead people who are broke to write checks that they know they don’t have the money to pay. The unfortunate people in the latter camp may find themselves charged with a violation of section 4105 of the crimes code, known as Bad Checks.
A person is guilty of a charge of bad checks when they issue a check knowing that it will not be honored by the drawee. Since there’s rarely an issue that a check was indeed signed by the offender, or that the person cashing it didn’t receive the money upon attempting to cash it, the case often boils down to one thing: did the person who wrote the check, know that when they wrote it they did not have the money to honor it.
Due to the difficulty in proving state of mind, there are presumptions written into the statute, in which it is presumed that someone knew they were passing a bad check, when either 1. they had no account with the bank they issued the check from; or 2. notice was given to the person passing the check within 30 days that payment was refused due to lack of funds, and that within 10 days of that notice the issuer fails to pay up.
The seriousness of the charge of bad checks may range from a simple summary offense up to a felony depending on the amount of the check. No matter the grading though, a bad checks charge can be a black mark on your criminal record and may interfere with future professional opportunities. The driving motive in bad checks cases for the Commonwealth is not just to punish those who write bad checks, but to make sure the victim receives the money they were due. To that effect, many prosecutors are open to alternative arrangements to make the victim whole while avoiding or minimizing serious long term effects to the offender’s professional livelihood.
If you or a loved one is charged with the offense of bad checks, it is important for you to retain an experienced criminal defense attorney who can work on your behalf to resolve the situation and make sure your livelihood is protected. Even if money is tight, you can not afford not to have Attorney Frank Walker as your attorney when you fight these charges.
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense, Super Lawyer and qualified as a Pennsylvania Death Penalty Defense Attorney.
If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation following a serious accident or injury.
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