New Jersey Bad Check Attorneys

Committed Legal Advocates Fighting to Protect Your Rights

In New Jersey, a charge for bad checks is set forth in N.J.S.A. 2C:21-5. It is considered a crime in New Jersey to pass a bad check, knowing that the check will not be honored. This could happen when checks are written when there are insufficient funds in an account, or the alleged crime might occur if the accused has no account at the institution. It is very important to distinguish between bad check crimes and common civil or contract disputes. The former can have very serious consequences, so it’s important to work with New Jersey bad check lawyers.

At The Bianchi Law Group, our dedicated team of criminal defense attorneys knows what you’re up against. Even the least serious bad check charge can lead to up to six months of jail time if convicted. Sadly, some people find themselves in this situation because their bank refused their check wrongfully — or sometimes just because they fell on hard times and were unsure about their funds. It could also be the case that everything was a big misunderstanding. Without professional legal representation, though, you could still end up with a permanent criminal record.

You don’t have to go through this alone. Contact our bad check lawyers in New Jersey for a free consultation.

Former Fraud Prosecutors Under New Jersey Law

The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey, including bad check or check fraud charges. Whether you’re charged with a disorderly persons offense or an indictable crime, our attorneys have been on both sides of the aisle in these cases. This means you’ll be hard-pressed to find a law firm whose experience surpasses our own.

The combined experience of our New Jersey bad check attorneys means we’ve seen just about everything when it comes to writing bad checks. Whether you didn’t know you didn’t have enough money or you were just unaware of the potential consequences, you deserve dedicated legal representation from attorneys who understand every aspect of the system. That’s exactly what you’ll get when you work with our former prosecutors. No matter the situation you find yourself in, we’re here to help you fight back.

Contact us today.

Certified Criminal Trial Attorneys by the New Jersey Supreme Court

Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee that classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus on criminal law, an application submission, a peer review process, a character and background check, and passing a written examination.

Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys, but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney. Put simply, we have the experience, knowledge, and dedication to represent you when you’re charged with a bad check offense.

Contact us today to schedule your free consultation.

Penalties for Bad Checks and Check Fraud in New Jersey

The penalties for issuing Bad Checks in New Jersey depends on the amount of the check, money order, or electronic transfer. The potential consequences increase significantly for higher degree crimes. Regardless of the exact nature of the charges against you, though, you’re undoubtedly in a frightening situation. Unfortunately, it’s also possible that the prosecutor will overcharge in order to scare you into a plea deal. That’s why understanding the different levels of writing a bad check is critical for your case:

• A crime of the second degree if the check or money order is $75,000.00 or more;
• A crime of the third degree if the check or money order is $1,000.00 or more but is less than $75,000.00;
• A crime of the fourth degree if the check or money order is $200.00 or more but is less than $1,000.00
• A disorderly persons offense if the check or money order is less than $200.00.

Crimes in the second-degree range can be punishable from 5 years to 10 years in New Jersey State Prison. Crimes in the third-degree range can be punishable from 3 years to 5 years in the New Jersey State Prison. Crimes in the fourth-degree range can be punishable by up to 18 months in New Jersey State Prison. Disorderly persons offenses can be punishable up to 6 months in the County jail, usually in the County where the crime was committed.

The Sentencing Judge may also order fines and restitution as prescribed by N.J.S.A. 2C:43-3 for all convictions for Bad Checks in New Jersey.

Presumption for Writing a Bad Check in New Jersey

A subsection of the Bad Checks Statute, N.J.S.A. 2C:21-5, allows a jury to presume that the check was not paid. This is a hurdle for the defendant’s case, but it’s far from insurmountable. A conviction relies on the prosecutor’s ability to prove every element of a crime. 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.

If these elements are established by the government, a conviction is possible. Proving that these elements are not present is one of the most common approaches to avoiding a conviction. Of course, this is far from the only legal defense strategy. Anything from mistaken identity to constitutional violations could be used as a defense. In fact, procedural errors by police or prosecutors can result in charges being tossed due to technical reasons. Put simply, there’s no such thing as an “open and shut” case for the prosecution.

Our bad check lawyers in New Jersey will review your case and help you understand all your options for moving forward.

Contact Our New Jersey Bad Check Lawyers Today

Whether a person is charged with writing a bad check as a disorderly persons offense or an indictable criminal offense, the repercussions can be serious. In fact, any bad check over $1,000 could result in up to five years in prison — and that’s just a third-degree crime. If charged with a second-degree crime, penalties could reach up to at least a decade in prison. This is in addition to significant fines, restitution, probation, community service, and more. The potential penalties are extreme, but they’re not something you have to face alone.

Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys. We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys.

Contact us at (862) 292-4442 to schedule your free consultation. We’re here to fight for you.