Bad Checks Less Than $650

Definition of the Crime and Essential Elements

For a person to be found guilty of the crime of passing a bad check, worth less than $650, the state must prove these elements beyond a reasonable doubt:

1. The accused knowingly did not have the money in the bank to clear the check.
2. The accused willfully, with the intent to defraud, passed a check to obtain money, delivery of valuable property, services, the use of property or credit extended by a licensed gaming establishment.
3. This amount was less than $650.

Related Offenses

Other similar or related offenses include:

1. Bad Checks More Than $650 – NRS 205.130
2. Casino Markers – NRS 205.130
3. Credit Card Fraud – NRS 205.760
4. Auto Insurance Fraud – NRS 686A
5. Gaming Fraud – NRS 465.070

Examples

T’s friend was having a surprise birthday. T wrote a check to the party planner, in the amount of $300. T knew that she did not have the funds in her bank account. The party planner came back to notify T that the check bounced. T kept telling the party planner that she would pay her, however she never did. The party planner got upset that she hadn’t been paid for her services, so T filed a police report. The police took the case to the District Attorney’s Office and T was charged with the crime of passing a bad check, worth less than $650.

Defenses to Bad Checks Less Than $650

In the case of bad checks, Nevada law presumes that the defendant intended to defraud if the person’s account had insufficient funds when the check was passed. What may have been an honest accident, may lead a person to being charged with this crime. Luckily, having a complaint filed does not mean that a person will be convicted of the alleged crime. Each case has a defense.

For bad check cases, having sufficient funds is a defense. If the check passed, and you did have sufficient funds in your account, then the accused cannot be held criminally liable. If the accused can present their bank statements, showing that he or she had the money in the account at the time, then the charges will have to be dropped.

If a person is notified that the check had bounced, and pays within five days, then a person should not be prosecuted as the person eventually did get paid with a check that did not bounce.

Potential Penalty for Bad Checks Less Than $650

A conviction of passing a bad check worth less than $650 is a misdemeanor. The accused faces restitution of the check amount, six months in jail, and/or $1,000 in fines. This offense can be sealed two years after the case is closed.

Criminal Defense for Bad Checks Less Than $650

Although this offense is just a misdemeanor, a conviction for such an allegation can greatly impact the life of the person charged. There are a number of reasons a charge like this can arise, and there are many viable defenses to keep a conviction off your record. The very best thing someone can do when they are accused or charged with bad check related offenses is to immediately retain a Las Vegas Bad Check defense lawyer who knows best how to handle these serious allegations. It may be possible that a bad check charge is the result of an honest mistake. It may be possible that law enforcement or the prosecution made procedural errors and it is likely there is a very strong defense that the person charged is completely unaware of. For these reasons, it is extremely important to hire an experienced criminal defense attorney to defend your bad check charge in Nevada as soon as soon as possible. In most circumstances, attorney Josh Tomsheck can find a way to get charges such as this reduced or dismissed entirely.

For more information about the charge and defense of bad checks worth less than $650 in Las Vegas, call the law firm of Hofland & Tomsheck, Nevada’s preeminent bad check defense lawyer, right away to schedule your free consultation. (702) 895-6760.