Bad Checks
Passing bad checks is a serious crime in Las Vegas. 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 is prepared to fight for you all the way to the trial. Learn about bad checks laws in Las Vegas to understand the charges filed against you.
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.
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 Nevada is inherently unfair. The state law presumes that you intended to defraud once your account has insufficient funds when you passed the check.
Penalties
The sentence for issuing bad checks 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. 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 4th conviction for bad check is treated as Category D Felony offense, 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 a Category B Felony. 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 a gross misdemeanor. Possible 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. 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 can act as leverage in plea bargain negotiations. There are also chances that the court will issue 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.
The charges will be dropped if payment is made within 5 days of notice that the check bounced.
Seek help with an experienced lawyer about your bad check allegations. The charges for bad checks both have criminal and civil penalties.
Bounced Check Defense
Explore the possibilities of getting your bad check charges dismissed or reduced. You can avoid the consequences of bad check charges: criminal and civil penalties altogether, with legal help from a Las Vegas criminal defense attorney.
References:
https://www.leg.state.nv.us/NRS/NRS-205.html#NRS205Sec132