The Role of a Defense Lawyer in Bad Checks Cases in Nevada

Despite having the best of intentions, you may inadvertently write a “bad” check at some point in your life that could result in criminal charges being filed against you in Nevada. If that happens, it is important to know your rights and to understand the crucial role that an experienced bad checks defense lawyer can play in the prosecution of your case.

Bad checks defense lawyer in Las Vegas - The Vegas Lawyers

What Constitutes a “Bad” Check in Nevada?

In the State of Nevada, NRS 205.132 governs “bad” checks, or checks that are returned for non-sufficient funds. Unlike most criminal statutes, the check fraud statute creates a presumption to defraud if you write a check or draft that is returned for insufficient funds and any of the following exist:

  • The instrument is drawn on a purported account that does not exist.
  • Payment of the instrument is refused by the drawee when it is presented in the usual course of business, unless within 5 days after receiving notice of this fact from the drawee or the holder, the drawer pays the holder of the instrument the full amount due plus any handling charges.
  • Notice of refusal of payment, sent to the drawer by registered or certified mail at an address printed or written on the instrument, is returned because of non-delivery.

Note that under the law, casino markers are treated the same as bad checks in the State of Nevada, meaning you could be charged with check fraud for failing to pay casino markers within the time allotted.

What Are the Potential Penalties for a Conviction for Check Fraud in Nevada?

Check fraud is charged as a misdemeanor if the amount involved is less than $1,200, and you have no previous convictions for check fraud. If the amount in question is $1,200 or more, or you have been convicted for check fraud (or a similar offense) three or more times, you can be charged with a Class D felony.

A conviction for misdemeanor check fraud in Nevada carries a potential punishment of up to six months in jail and/or a fine of up to $1,000. If you are charged and convicted of a Class D felony for writing bad checks (or several checks totaling $1,200 or more within 90 days), you face a term of imprisonment of one to four years and/or a fine of up to $5,000.

You may also be ordered to pay restitution if convicted of check fraud. Restitution is paid to the victim in a criminal prosecution. In the case of a bad check, restitution typically requires the defendant to pay the amount of the check.

How Can a Bad Checks Defense Lawyer Help Me?

If you are facing check fraud charges in Nevada, it is important to understand that you have rights and you may have a viable defense. An experienced Nevada bad checks defense lawyer can review the facts and circumstances of your case and discuss your rights and legal options with you. The defense strategy employed in your case will depend on a variety of factors; however, common defenses that can rebut the presumption of an intent to defraud include proving that your identity was stolen (you did not pass the check), payment of the check within the statutory time frame, and incapacity. Your attorney may also be able to negotiate an agreement that avoids a conviction if you can repay the amount of the check plus administrative costs.

What Should I Do If I Have Been Charged with Writing a Bad Check in Las Vegas?

If you have been charged with writing a bad check in Las Vegas, consult with an experienced Nevada bad checks defense lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.