According to Arizona law, a person can be charged with issuing a bad check “if the person issues or passes a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance.”
Issuing a bad check is typically a misdemeanor. For checks greater than $5,000, however, it is a felony offense.
This charge can have a significant impact on a person’s ability to get a job or housing. It is important to get an experienced attorney fighting for you.
At Lane, Hupp, & Crowley, PLC, our attorneys are knowledgeable in all the possible defenses for this charge and related theft or financial offenses.
The law provides that it is a defense if any of the following occur:
1. The payee or holder knows or has been expressly notified before the drawing of the check or has reason to believe that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure payment on its presentation.
2. The check is post-dated, and sufficient funds are on deposit with the drawee on such later date for the payment in full of the check.
3. Insufficiency of funds results from an adjustment to the person’s account by the credit institution without notice to the person.
If you face accusations of issuing a bad check, please contact the attorneys at Lane, Hupp, & Crowley, PLC.
We are here to help you avoid a conviction for what was likely a simple error. We may also be able to work out a misdemeanor compromise.
Schedule your consultation with a lawyer t our Phoenix office today. Call 480-498-5290 or email us. We offer free consultations and payment plans.
If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call 480-498-5290 or send an email.