Hudson County NJ Bad Checks Defense Lawyer
Charges for issuing, passing or writing a bad check in Union City, Hoboken, Bayonne, Jersey City or any other municipality in Hudson County can happen to anybody. Just recently, former New Jersey Assemblyman Robert Schroeder was charged with issuing nearly $400,000 in bad checks. Assemblyman Schroeder was charged with issuing bad checks in the second degree, which carries a presumption of incarceration and up to ten (10) years in prison. This illustrates how charges for providing bad checks, whether intentionally or unintentionally, can happen to all types of people, across all demographics. A conviction for this offense may result in a permanent criminal record, that will follow you throughout your life, including job interviews. If you or someone you know has been charged with issuing bad checks in Hudson County, NJ it is imperative that you speak to an experienced criminal defense lawyer immediately. Our office has been defending individual’s charged with issuing bad checks, theft by deception, receiving stolen property and credit card theft for over fifteen years. If you have been charged with issuing bad checks in towns like Bayonne, Harrison, West New York, Jersey City and Weehawken, we can help. If you would like to speak to any one of our Hudson County, New Jersey theft attorneys, please contact our Jersey City office at (201) 309-1800. We are available 24/7 to answer any questions you might have. Now here is some important information on the offense of issuing bad checks, including the potential penalties if convicted.
Passing Bad Checks Attorneys in Jersey City: N.J.S.A. 2C:21-5
How Does the State Prove I Wrote a Bad Check?
For the State or Prosecutor to prove that a defendant committed the offense of “issuing, passing or writing a bad check”, they must prove two key elements pursuant to N.J.S.A. 2C:21-5. First, the State must prove that the defendant wrote, issued or passed a check. Second, the State must prove that the defendant knew that the check would not be honored by a bank. Many defendants think that simply denying that they knew the check would bounce is sufficient to avoid conviction. This is simply not the case. The State can prove “presumed knowledge” if the defendant lacked a bank account at the relevant bank. There are a litany of ways the State can prove that there was a “presumed knowledge” necessary for the second element.
What is the Grade of this Offense?
The grade or degree of this offense correlates directly to the amount of money involved. It is a crime of the second degree is the check or checks in question exceeds $75,000.00. It is a crime of the third degree if the check or checks are at least $1,000.00 but is less than $75,000.00. It is a crime of the fourth degree if the check or checks range in value between $200.00 and $1,000.00. Finally, it is a disorderly persons offense if the check value does not reach $200.00. A disorderly persons offense differs from the other three because it is a misdemeanor that is non-indictable.
Will I go to Jail if I am convicted of Issuing Bad Checks in NJ?
For a bad checks offense in the second degree, a defendant will face between five (5) and ten (10) years of incarceration, as well as a $150,000 fine. A conviction for bad checks in the third degree, carries between three (3) and five (5) years of incarceration, as well as, a $15,000 fine. If convicted for bad checks in the fourth degree, a defendant will face up to eighteen (18) months of incarceration, as well as, a $10,000 fine. Lastly, a disorderly persons conviction for bad checks, results in up to six (6) months incarceration, as well as, a $1,000 fine. A skilled Hudson County criminal defense attorney may be able to convince the Judge and prosecution that you deserve the opportunity to participate in one of New Jersey’s diversionary programs, which if completed successfully, could keep you not only out of jail but without a criminal record as well.
Passing Bad Checks Defense Lawyer in Jersey City NJ
The Law Office of Jonathan F. Marshall has eight criminal defense attorneys on staff, making our office one of the largest criminal defense firms in the State let alone Hudson County. If you or someone you know has been charged with passing bad checks in towns like Hoboken, Weehawken, West New York, Bayonne or elsewhere in Hudson County, we can help. Please contact our Jersey City office directly at (201) 309-1800 for a free initial consultation.