Have you ever thought there was more money in your bank account then there actually was?
Are you facing up to 2 years in jail because of that thought?
If you are facing a bad check charge, you are facing a felony charge with up to 2 years in jail, a $500.00 fine or both. You can be charged with a felony if you have written or passed any bad checks.
“A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $500.00, or both.” –THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
What is a Bad Check?
- A bad check is when you have written a check from a bank that you do not have an account with.
- You write a check from a bank account that you do not have sufficient funds from.
Beating the Charge
Depending on how the charge was acquired will dictate how you want to approach your defense. In the case of the writing a check without sufficient funds, it can be argued that you were not aware that you did not have the money and did not intend to write a bad check. The prosecution would have to prove that beyond a reason of doubt that you knew for sure that you did not have the money.
Another way to beat a bad check charge is to work out a deal for restitution in exchange for the person or bank dropping the charges. Typically people and institutions do not want to go to court. They simply want their money back. Sometimes a payment plan or offering to pay back a percentage may work.
While facing 2 years in prison and/or a $500 fine can feel devastating, there are ways to beat the charge. It is always in your best interest to have a criminal defense lawyer on your side. Having an expert in the field on your team is priceless to avoid a criminal record and to avoid the consequences.