Bad Checks

It depends, a person charged with a second degree, third degree, or fourth degree Bad Check crime has their matter heard in Superior Court.

A person charged with a Disorderly Persons Bad Check criminal offense has their matter heard in Municipal Court.

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

Yes, there a numerous sentencing options for writing a bad check in New Jersey.

If the person is convicted of a second degree Bad Check crime, there is a presumption of state imprisonment of between 5 to 10 years.

A person convicted of a third degree Bad Check crime is subject to a possible state prison term of between 3 and 5 years. There is no presumption of state prison on a third degree Bad Check crime. If a person convicted of a third degree Bad Check crime has no prior criminal record, they have a presumption against state imprisonment.

However, a person convicted of a third degree Bad Check crime who does have a prior criminal record has no presumption either for or against state prison. The legal term for this individual is equipoise. In this circumstance, the sentencing judge would have the discretion to either impose state prison or a probationary term. This is where a certified criminal trial attorney could make a huge difference in whether the Defendant is sentenced to prison or not.

A person convicted of a fourth degree Bad Check crime is subject to a possible state prison term of up to 18 months in state prison. There is no presumption of state prison on a fourth degree Bad Check crime. If a person convicted of a fourth degree Bad Check crime has no prior criminal record, they have a presumption against state imprisonment.

However, a person convicted of a fourth degree Bad Check crime who does have a prior criminal record has no presumption either for or against state prison. The legal term for this individual is equipoise. In this circumstance, the sentencing judge would have the discretion to either impose state prison or a probationary term. This is where a certified criminal trial attorney could make a huge difference in whether the Defendant is sentenced to prison or not.

A person convicted of a Disorderly Persons Bad Check criminal offense could be sentenced to a county jail for up to 180 days. There is a presumption against a county jail term for an individual convicted of a Disorderly Persons offense unless they have a prior criminal record. If the individual does have a prior criminal record, the court has wide discretion in sentencing such an individual to a county jail term or not.

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

The short answer – it really depends. A Bad Check criminal charge is graded by the amount of the check or money order.

A Bad Check charge is second degree if the amount is $75,000.00 or more.

It is a crime of the third degree if the check or money order is at least $1,000.00 or more but is less than $75,000.00.

It is a crime of the fourth degree if the check or money order is $200.00 or more but is less than $1,000.00.

It is a Disorderly Persons offense if the check or money order is less than $200.00

Therefore, it is a crime if the check or money order is at least $200.00 and above.

It is a criminal offense if the check or money order is less than $200.00

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