Writing Bad Checks – NJSA 2C:21-5
In the state of New Jersey, it is illegal to write a check when you don’t have enough funds in your checking account to cover the check amount. If you’ve been charged with writing a bad check, the Law Firm of Richard Huizenga, a New Jersey criminal defense attorney, can advise you of your rights.
The defendant is presumed to know that the check would not be honored if at the time of writing the check, the defendant had no account with the bank or if the bank refused payment for lack of funds.
The NJ Law: N.J.S.A. 2C:21-5
The prosecutor must prove the following:
- The person you wrote the check to must try to cash or deposit the check within 46 days from the day the check was written.
- The bank must refuse to honor the check because there are insufficient funds or the account is closed.
- The bank or the person you wrote the check to must send you notice that the check has not been honored. You have 10 days from notice to write a good check.
- If you do not fix the check within 10 days, the court can presume that you knew that the check would not be honored when you first wrote it.
If the amount at issue is less than $200, the municipal court will handle the check fraud offense as a disorderly persons offense. However, even as a disorderly persons offense, you may face up to 6 months in prison and a fine of up to $1000. If you used a motor vehicle in the course of committing the offense, the court may suspend your driver’s license for up to two years. If the amount at issue is higher, the punishment becomes more severe.
Being accused of writing a bad check is a serious offense and you should contact an experienced New Jersey criminal defense attorney as soon as possible.
A bad check charge can often be resolved without a trial or conviction if the defendant makes restitution to the victim.
The Law Firm of Richard Huizenga can help
If you are accused of writing a bad check in NJ you should call the Law Firm of Richard Huizenga at (732) 500-4688 for a free consultation.