Passing Bad Checks in Las Vegas

Passing a check with insufficient funds in your account is a serious crime. The check writer can be charged with a misdemeanor or a felony depending on the amount. Not only that, the check writer is penalized with enormous fees, often exceeding the amount that the check writer should’ve paid for. The first option in a defense strategy is to negotiate. Otherwise, your attorney should be prepared to fight with you all the way to trial. Learn about bad checks laws in Las Vegas to understand the charges filed against you.

Nevada Revised Statute Section 205.130: Bad Checks Law Definition

It is considered a crime to pass checks if you do not have enough funds in the bank to pay for it. Particularly, any person who “willfully, with intent to defraud, draws, or passes a check or draft to obtain:

Money
Services
Delivery of other valuable property
Use of property or
Credit extended by any licensed gaming establishment (Casino Markers)

Drawn upon any fictitious or real person, firm, bank, corporation, partnership, or depositary, when the person has insufficient money, credit, property with the drawee of the instrument to pay it in full upon its presentation is guilty of a crime.

Nevada Revised Statute Section 205.132: Intent to Defraud

The key element in the crime of passing bad checks is intent to defraud. This statute means that you have committed no crime if you honestly did not mean to pass a bad check. However, the law in the state of Nevada is unfair. The state law presumes that you intended to defraud once your account has insufficient funds when you passed the check.

Penalties

The sentences for issuing bad checks in Las Vegas depend on how much money it was made out for:

Less than $250

If the issued bad check was for less than $250 total, the offense is a misdemeanor charge in Las Vegas. It is possible to petition to seal the misdemeanor charge 2 years after the case is closed.

Possible 6 months imprisonment
$1,000 fines and
Restitution of the check amount.

A 4^th conviction for bad check is treated as Category D Felony offense in Las Vegas, this conviction can be sealed 12 years after the case is closed. The penalties are:

Restitution of the check amount
Possible imprisonment for 1 to 4 years in Nevada State Prison
Fines up to $5,000

More than $250

Writing bad checks for more than $250 is classified as Category B Felony in Las Vegas. There is a possibility to seal the records 12 years after the case is closed.

Restitution of the check amount
Possible imprisonment for 1 to 4 years in Nevada State Prison
Fines up to $5,000

There are cases when the check was used for payment of wages and the penalty is less serious. The punishment is categorized as gross misdemeanor in Las Vegas and possibility to seal records 7 years after the case is closed. The penalties include:

Possible imprisonment for up to 1 year and/or
Fines up to $ 2,000

Possible Defenses

There are several possible defenses available despite the strict bad check laws in Las Vegas. These are your possible defenses that your attorney can use to defend against your charges:

Illness or another emergency situation.
Technically, emergency situations are not really defenses to against bad check charges. However, this could act as leverage in plea bargain negotiations. There are also chances that the Las Vegas court issues less severe penalties.
Sufficient funds.
You are not held criminally liable if your bank account had sufficient funds at the time you passed the check. Showing bank statements that you had the money can help to cause the charges to be dropped.
Payment within 5 days.

Payment within 5 days of notice that the check bounced, you should not be prosecuted in bad check charges. Seek help with an experienced lawyer about your bad check allegations. The charges for bad checks both have criminal and civil penalties.

Explore the possibilities of getting your bad check charges dismissed or reduced. Call Bad Check Defense Attorney Ross Goodman for a free legal consultation. You can avoid the consequences of bad check charges: criminal and civil penalties altogether, with legal help from Ross Goodman.