Criminal Defense Lawyers in Ocean County, New Jersey
Check fraud is the result of writing a check that is not honored by the bank account against which the check is drawn. Even if in the event of an honest mistake, check fraud can be a serious crime in New Jersey with serious penalties. The penalties associated with check fraud convictions include probation, thousands of dollars in fines, restitution, and incarceration. Will Proetta, our firm’s founding attorney, has defended clients against a wide array of criminal and municipal charges including check fraud in courts across New Jersey. We defend clients against check fraud charges throughout Ocean County, including Brick, Jackson Township, Waretown, Forked River, Beach Haven, Ship Bottom, Lavallette, Mantoloking, and South Toms River. Depending upon the particular facts of your case, our experienced criminal defense attorneys will use various methods toward attaining a successful resolution of your charges. We will work with the prosecution in an effort to secure your admittance into Pre-Trial Intervention, seek to resolve your charge by way of a substantial downgrade, or, in some cases, try the case and seek a dismissal.
If you or your loved is facing charges for check fraud or writing bad checks in Ocean County or elsewhere in New Jersey, then it is in your best interest to contact an experienced theft and fraud defense attorney as soon as possible. We are available to you any time for immediate assistance at (848) 238-2100. We provide a free initial consultation with a skilled Ocean County criminal defense lawyer who will help to build a customized case strategy designed to meet your needs and customized to the facts of your case.
New Jersey Check Fraud Law: N.J.S.A. 2C:21-5
The law concerning check fraud in New Jersey has been listed below, in pertinent part, for your reading convenience.
2C:21-5 Bad Checks
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:
a. The issuer had no account with the drawee at the time the check or order was issued; or
b. Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer’s last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.
What Happens if you are Convicted of Writing Bad Checks in New Jersey?
Second Degree Check Fraud
$75,000.00 or more
5 to 10 years in state prison; presumption of incarceration
Third Degree Check Fraud
$1,000.00 – $75,000.00
3 – 5 years in prison
Fourth Degree Check Fraud
$200.00 – $1,000.00
Up to 18 months in prison
Disorderly Persons Offense
Less than $200.00
Up to 6 months in county jail
As shown above, it is crime to purposely bounce a check. However, under limited circumstances, state law will actually presume that the defendants in acted intentionally, regardless of actual intent. Most bad check crimes are indictable offenses that will be handled in Ocean County Superior Court.
Contact a Lacey Township NJ Check Fraud Lawyer for a Free Consultation
At the Law Offices of Proetta & Oliver, our lawyers are dedicated exclusively to representing clients for criminal and municipal court charges throughout New Jersey. In our experience, a large percentage of check fraud cases are caused by disputes over payments, mere oversight, or innocent mistakes. As such, our lawyers have been able to make great strides for our clients through mediation or negotiations with the prosecution. If you or your loved one is facing check fraud charges for writing bad checks in Ocean County, contact us today at (848) 238-2100 for a free initial consultation with a criminal defense attorney who can answer your questions and address your concerns. Our office is conveniently located in Toms River. However, we represent clients for check fraud and other theft and fraud crimes throughout Ocean County including Lakewood, Little Egg Harbor, Beachwood, Bayville, Point Pleasant Beach, and Bay Head.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.