Seminole County Worthless Check Charges

Worthless Check Defense

In Florida, writing a bad check can lead to criminal prosecution for worthless check charges which can result in either misdemeanor or felony penalties, depending on the amount of the check. Call our Seminole County worthless check defense lawyer to defend your case. Many worthless check charges can be dismissed by competing the Seminole County worthless check diversion program.

When is Worthless Check a Crime?

Florida’s worthless check law does not criminalize the mere writing a check when there are inadequate funds in your bank account. The law requires the prosecution to show that the accused knew there were insufficient funds in his or her account when the check was written. However, in any prosecution for a bad or bounced check, the writing of the check which is later refused by the bank because of lack of funds in the accused’s account, is prima facie evidence of intent to defraud or knowledge of insufficient funds. The only exception is where the accused makes the check good (plus service fees) within 15 days after the holder sends written notice of the bounced check.

When are Worthless Check Charges a Felony or Misdemeanor?

Where the check issued by the defendant is in an amount less than $150.00, the offense is a first degree misdemeanor, punishable by up to 1 year in jail. Where the check is in an amount of $150.00 or more, the offense is a third degree felony, punishable by up to 5 years imprisonment.
Defenses to Worthless Check

Worthless Check Defenses

There are many defenses available under Florida law to contest a charge of a worthless check, bad check, or bounced check. When diversionary programs are not available, numerous defenses and strategies exist to fight the charge. Common defense issues can include the following:

  • Was the check articles-dated?
  • Did the accused believe there was overdraft protection?
  • Did the accused sign in an individual capacity, or as an agent of a company?
  • Did the payee delay in depositing the check?
  • Did the payee have notice or reason to know there were insufficient funds?
  • Can they prove that something of value was actually obtained from the transaction?

CALL BRYCE FETTER TODAY

We offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

 

Worthless Check Defense in Seminole County, Florida

In Florida, writing a bad check can lead to criminal prosecution for worthless check charges which can result in either misdemeanor or felony penalties, depending on the amount of the check. Call our Seminole County worthless check defense lawyer to defend your case. Many worthless check charges can be dismissed by competing the Seminole County worthless check diversion program.

When is Worthless Check a Crime?

Florida’s worthless check law does not criminalize the mere writing a check when there are inadequate funds in your bank account. The law requires the prosecution to show that the accused knew there were insufficient funds in his or her account when the check was written. However, in any prosecution for a bad or bounced check, the writing of the check which is later refused by the bank because of lack of funds in the accused’s account, is prima facie evidence of intent to defraud or knowledge of insufficient funds. The only exception is where the accused makes the check good (plus service fees) within 15 days after the holder sends written notice of the bounced check.

When are Worthless Check Charges a Felony or Misdemeanor?

Where the check issued by the defendant is in an amount less than $150.00, the offense is a first degree misdemeanor, punishable by up to 1 year in jail. Where the check is in an amount of $150.00 or more, the offense is a third degree felony, punishable by up to 5 years imprisonment.
Defenses to Worthless Check

Worthless Check Defenses

There are many defenses available under Florida law to contest a charge of a worthless check, bad check, or bounced check. When diversionary programs are not available, numerous defenses and strategies exist to fight the charge. Common defense issues can include the following:

  • Was the check articles-dated?
  • Did the accused believe there was overdraft protection?
  • Did the accused sign in an individual capacity, or as an agent of a company?
  • Did the payee delay in depositing the check?
  • Did the payee have notice or reason to know there were insufficient funds?
  • Can they prove that something of value was actually obtained from the transaction?

Call a Seminole County Worthless Check Defense Lawyer

A Florida prosecution for worthless check, bad check, or bounced check is a serious criminal matter. In most cases, restitution can be made and charges can be dismissed or reduced. If you have been charged with writing a worthless check in Seminole County, Florida, call Seminole County worthless check defense lawyer Bryce Fetter to discuss your case.

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