Bad Checks More Than $650

Definition of the Crime and Essential Elements

The government must prove, beyond a reasonable doubt, the following elements in order for a person to be convicted of passing a bad check worth more than $650:

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 more than $650.

Related Offenses

Other similar or related offenses include:

1. Bad Checks Less 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

C has to pay his gardener for the annual lawn maintenance and tree trimming fees, in the amount of $7000. C also recently had other expenses, which were unforeseen at the time he promised to pay his gardener. C knows that he does not have the funds in account to pay his gardener, however he still writes his gardener a check hoping to keep him happy while he obtains the money. The gardener goes to the bank and deposits the check into his account. The check bounces. The gardener tries to reach C, however C is no longer returning his calls. The gardener goes to the police, files a report and the district attorney files charges against C for the crime of passing a bad check worth more than $650.

Defenses to Bad Checks More Than $650

Many people panic when they are charged with a crime. However, the simple charging of a crime does not prove anything; it is merely an allegation. An experienced criminal defense attorney can come up with a multitude of defenses for your specific case.

Bad check cases are seen as a case where the accused had the intent to defraud. If it can be proven that the accused did not have the malicious intent to defraud another person, then the case will have to be dropped or the charges reduced. This can be done by having your defense attorney prove that the bounced check was an honest mistake.

If the accused did have sufficient funds in his or her bank account when the check passed, then the accused cannot be held criminally liable for the bounced check. This can be proven by having the accused present the bank statements, which show that the accused had the money at the time the check passed. This can also show that the accused had no intent to defraud anybody. This can lead to the charges being reduced, or even dropped.

Potential Penalty for Bad Checks More Than $650

When a bad check is $650 or more, the accused is facing a Category D Felony. That means that if convicted, a person faces one to four years in the Nevada Department of Corrections, up to $5,000 in fines, and restitution of the check amount.

Criminal Defense for Bad Checks More Than $650

Being charged with writing a bad check worth more than $650 can be extremely scary, especially if it was a simple mistake or misunderstanding. A person is facing a felony conviction, so it is crucial that an experienced criminal defense attorney is hired as soon as possible in order to get the best result possible for you. At the Las Vegas Bad Check Defense firm of Hofland & Tomsheck, attorney Josh Tomsheck is a board certified former chief deputy district attorney who knows the ins and outs of the criminal courts in Nevada. This experience and knowledge is essential to keeping a Felony bad check charge off your record and keeping you out of custody while you defend your case. Having a Bad Check Defense Attorney on your side when you go to battle with the State of Nevada is one of the very best things you can do to ensure you are protected.

For more information about the charge and defense of a bad check worth more than $650 in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation. We specialize in the defense of criminal allegations, such as Felony Bad Check charges, and can help you beat your case, starting today. Call us 24 hours a day at (702) 895-6760 and let us get to work fighting for you.