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Bad Checks

Penalties For Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5) In New Jersey

March 22, 2016 by Matthew Reisig

New Jersey Penalties For Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5)

As with most theft charges, Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5) is graded based on the dollar values in question, with penalties becoming more stringent as the amount of the theft increases.

The lowest degree, a disorderly persons offense, is charged for passing bad checks in an amount less than $200.

At that level, your maximum penalty would be six months in jail and a $1,000 fine.

When the amount involved is between $200 and $1,000, you’ll be charged with a fourth degree crime, and risk up to 18 months in prison and a fine of $10,000.

When the values of the checks are between $1,000 and $75,000 – a huge span – you’ll be charged at the third degree level and face a prison sentence of three to five years.

You’ll also be fined up to $15,000, on top of the restitution costs that any theft conviction will require.

When the values are above that $75,000 threshold, you’re looking at serious prison time.

Conviction of a second degree crime carries a sentence of between five and 10 years, with a fine of up to $150,000.

Don’t risk Bad Checks charges alone.

If you need help with Writing Bad Checks, Money Orders, Electronic Funds Transfers charges, call Matthew Reisig today at 732-625-9661 and talk to an experienced New Jersey criminal defense attorney for free.

Filed Under: Bad Checks

New Jersey Criminal Defense Attorney for Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5)

March 22, 2016 by Matthew Reisig

Criminal Lawyer For Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5)

Passing a bad check, money order, or electronic funds transfer is a theft crime in New Jersey, and under the terms of N.J.S.A. 2C:21-5, it can have extremely serious consequences for you.

Prosecutors will have to show that you knowingly passed a check that would or could not be honored, such as because of lack of funds, the account had been closed, or it did not exist in the first place.

As a theft crime, you’ll be prosecuted based on the value of the bad checks.

Amounts less than $200 are a disorderly persons offense, with a penalty of up to six months and a fine of $1,000.

This is the best case scenario for you, as penalties escalate rapidly from there.

For values less than $1,000, you’ll face a fourth degree crime charge, similar to a low felony in other states, and a sentence of up to 18 months with a fine of $10,000.

If the amount is less than $75,000, you’ll be charged with a third degree crime and can go to prison for up to three to five years with a fine of up to $15,000.

When the bad checks total more than $75,000, you’ll be charged with a second degree crime and can go to prison for up to 10 years and be fined $150,000.

When you’re facing theft charges like Writing Bad Checks, you need experienced legal help.

Matthew Reisig has been defending clients in New Jersey against theft and other charges for almost 20 years.

If you need help with Writing Bad Checks, Money Orders, Electronic Funds Transfers charges, call 732-625-9661 today and talk to an experienced New Jersey criminal defense attorney for free.

Filed Under: Bad Checks

What Are The Penalties For Writing Bad Checks In New Jersey?

December 31, 2014 by Matthew Reisig

If convicted of Bad Checks in New Jersey (N.J.S.A 2C:21-5), you’ll face the same penalty structure as other theft crimes.

The severity of the sentence is linked to the dollar amount stolen, and penalties run the gamut from modest to severe.

If you are convicted of cashing Bad Checks whose value is less than $200, you are facing a disorderly persons offense that can put you in jail for six months, with a penalty of $1000.

If the Bad Checks were in an amount between $200 and $1000, this is a fourth degree crime, carrying a potential sentence of 18 months and a $10,000 fine.

When the conviction is for Bad Checks in an amount between $1,000 and $75,000, this is a third degree crime that can carry a sentence of five years and a $15,000 fine.

Amounts that exceed $75,000 are second degree crimes, and can put you away for 10 years and leave you with a $150,000 fine.

You’ll also face restitution, various state-ordered fees, and other expenses.

If you’ve been charged with Bad Checks in New Jersey, your future is at risk.

There are defenses, and an experienced Bad Checks attorney can protect your rights and help safeguard your freedom.

Call Matthew Reisig at 732-625-9661 for a free consultation today.

Filed Under: Bad Checks

If I Write A Check On A Closed Account, Can I Be Charged With Writing Bad Checks In New Jersey?

December 31, 2014 by Matthew Reisig

Yes, if you write a check on an account that has been closed, you can be charged with Bad Checks (N.J.S.A 2C:21-5) under New Jersey law – but that doesn’t mean that you will be convicted.

One of the elements of the Bad Checks statute is that a person acts knowingly, so if you mistakenly used an old check from a defunct account, or you did not know the account had been closed, you may have a defense against the charges.

There are many circumstances that can provide evidence of your innocence.

In a divorce, a spouse may close an account without telling the other.

There are cases where old check books that haven’t been destroyed have been stolen and checks are written on them with purely fraudulent intent.

There are many defenses against a Bad Checks charge in New Jersey.

Attorney Matthew Reisig defends clients all across New Jersey from Bad Checks charges, and can make a big difference in your case.

Call 732-625-9661 today for a free consultation.

Filed Under: Bad Checks

Can I Be Charged With Cashing A Bad Check In New Jersey If I Didn’t Know My Balance Wouldn’t Cover It?

December 31, 2014 by Matthew Reisig

One of the elements of a Bad Check charge in New Jersey (N.J.S.A 2C:21-5) is the allegation that you knowingly cashed a bad check, with the intention of fraudulently collecting money.

So while you can be charged with the crime, the prosecution will have to prove that you knew the account was overdrawn in order to win a conviction.

There are statutory elements that can limit a defense based on not knowing your balance wouldn’t cover the amount, including whether the check was written on an account that was closed, or whether the balance on the account had been overdrawn for a period of time and you had been notified orally or in writing.

Bad Checks in New Jersey are charged as theft crimes, and the potential penalties are serious.

If you’re facing prosecution for Bad Checks, get help right away.

Attorney Matthew Reisig defends Bad Check charges everywhere in New Jersey, and knows how to build a case that shows convincingly that you acted without intent.

Call 732-625-9661 today for a free consultation.

Filed Under: Bad Checks

What Is The Difference Between A 2nd Degree And 3rd Degree Bad Check Charge In NJ?

February 24, 2014 by Matthew Reisig

The amount of the Bad Check or money order.

A 2nd degree Bad Check charge is $75,000.00 or more.

A 3rd degree Bad Check charge is at least $1,000.00 or more but less than $75,000.00.

If you or a family member needs help with a Bad Check criminal charge, call us at 732-625-9661.

Filed Under: Bad Checks

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