BAD CHECKS / FRAUD
Bad Checks / Fraud Crimes Defense Attorney
According to Florida Statute 832.05(2) the crime of Fraud by issuing Bad Checks is committed by a person who issues a check knowing that there are insufficient funds in the related account to cover the amount of the check issued.
Withdrawing funds prior to the cashing of the check is considered prima facie evidence that the defendant had knowledge that their bank account had insufficient funds. In order to be charged and convicted of the crime of Fraud by issuing Bad Checks, nothing of value actually needs to be exchanged for the worthless check.
Penalties
The crime of Fraud by issuing Bad Checks can be either a felony or a misdemeanor. This determination turns on the amount of the check.
A Bad Check worth less than $150 is a first-degree misdemeanor and is punishable by:
- Up to one year in prison;
- up to one year probation; and
- a $1,000 fine.
A Bad Check worth $150 or more is a third-degree felony and is punishable by:
- Up to five years in prison;
- up to five years probation; and
- a $5,000 fine.
Possible Defenses
The crime of Bad Checks / Fraud may be combated by a few defenses including whether or not the payee (person receiving the check) was expressly notified, knew, or should have known that the payor (issuer of the check) did not have sufficent funds to satisfy the check amount at the time it was issued.
Also, according to Homeway v. Horne, 822 So. 2d 533, 535 (Fla. 2d DCA 2002) it is an absolute defense to the crime of Fraud by issuing a Bad Check if the check was postdated.
SERCOMBE LAW
If you find yourself standing accused of issuing Bad Checks / Fraud you need to be sure you have a good lawyer on your side. Facing Bad Checks / Fraud charges, especially in Florida, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.
