Writing Bad Checks
Bad Checks Defense Lawyer in Las Vegas
Writing Bad Checks: Penalties and Consequences
If you’ve been accused or arrested on a charge of writing “bad checks” in Las Vegas, you need to know that these types of charges are taken very seriously in the state of Nevada. To reduce your charges or possibly get them dismissed, it’s very important your hire an experienced criminal defense attorney that can help you build your defense.
What Is A Bad Check?
Under Nevada state law, specifically NRS 205.130, it’s a crime to knowingly write a check with insufficient funds in your bank account. In order to convict you, the prosecutor must show that you committed this action with “intent to defraud” another person or company.
This might seem complicated but it’s really not. The prosecutor only needs to show that you wrote a check with knowledge that your bank account had insufficient funds to support the check.
Writing a bad check can be classified as either a misdemeanor or a felony in Nevada. If the amount is $1,200.00 or less, the offense will be classified as a misdemeanor. If the amount is $1,200.00 or greater, the offense will be classified as a felony.
The Key Element of the Crime
The key element the prosecution must prove is your intent to defraud. If your account had insufficient funds when you wrote the check and the prosecution can provide valid proof, then the law automatically allows the state of Nevada to assume you are guilty because you had the proven intention to pass a check knowing you had insufficient funds in your bank account.
Can You Be Prosecuted for Passing Bad Checks in Las Vegas?
Yes. These types of charges are brought all the time. However, in Las Vegas, per the Clark County District Attorney’s Bad Check Diversion Unit, depending on your charge and criminal background, you may be allowed to pay full restitution, additional fees, and an educational course in responsible check writing instead of being prosecuted.
Having an attorney that is familiar with how the Bad Check Diversion Unit operates is important. At The Vegas Lawyers, we’ve routinely negotiated favorable deals with the Clark County District Attorney’s Office and helped our clients avoid charges involving passing bad checks.
Penalties for Bad Checks
The penalties in Nevada for being convicted of writing a bad check include:
- Misdemeanor conviction: Up to $1,000 fines and/or up to 6 months in jail
- Felony conviction: Up to $5,000 fine, 1-4 years in jail, and restitution
- Possible deportation: Depending on your immigration status, you could face possible deportation if intent to defraud is proven because it is considered a crime of “moral turpitude.”
There are several potential defenses that can be made. If you’ve been charged with writing a bad check, your defense could include:
- Stolen identity: If you can prove your identification was stolen and it was not you who wrote the check, your charges can be dismissed.
- Amount had been paid within 5 days: If you paid the balance within 5 days of the check bouncing, your charges can be dismissed.
- Proof you did not have the intent to defraud: If you can prove you simply did not mean to write a bad check and your bank account did have sufficient funds at the time, you can get your charges reduced and/or dismissed.
The Vegas Lawyers Are Your First Line Of Defense
If you’ve been charged with a misdemeanor or felony offense for writing and/or passing a bad check in Las Vegas, you need to hire an experienced attorney that can successfully handle these charges.
This type of criminal charge can follow you for a long time and wreak havoc on your credit score, financial background and damage your career. It’s no small matter and must be taken seriously to avoid long-term damage.
The Vegas Lawyers law firm has experience fighting these cases and the proven success rate to get your charges reduced or dismissed.