Can I Be Accused Of A Crime For Writing A Bad Check?

Checks are considered a form of currency, acting in the same manner as a check or a debit card. They are a promise to pay a specific amount by stating that there is money available to cover the agreed upon amount even though this money may not be present at that current moment. In some instances, someone may write a check for more money than they have in their bank account. When this happens, it can be seen as a means to defraud either the bank that issued the check or the person whose goods and services were sought.

Writing A Bad Check Can Lead to Criminal Charges

Writing a bad check is something that many people do throughout the course of their lives. Once or twice, it may only affect your credit and incur some fines from the bank, but when overdrawing an account becomes a problem, the person accused of writing these checks may be accused of a felony.

Illinois law punishes check fraud harshly:

• Less than $300 is a Class A misdemeanor facing one year in jail
• Less than $300 is a Class 4 felony punishable by up to three years in state prison if there have been other check fraud convictions
• $301 to $10,000 is a Class 3 felony that carries up to five years in prison
• $10,001 to $100,000 is a Class 2 felony facing seven years in prison
• Over $100,001 is charged as a Class 1 felony and is punishable by 15 years in prison

Any conviction of check fraud also can carry a $25,000 fine for the crime and leave the accused open to civil penalties. Civil penalties are restricted, but could leave the accused facing payment of damages totaling three times the amount of the bad check on top of legal costs and court fees.

One of the best ways to avoid jail time and fines is by working with a bank or other lender to develop a payment plan for the services provided. However, every case is different and the best defenses available depend on the circumstances surrounding the charge.

Have you been accused of check fraud in Illinois? The Law Offices of Michael P. Schmiege is here to help! Call any time of day or night to begin the personal defense needed for fraud charges.