Writing a bad check in Utah can result in much more than a returned check fee. You could be facing felony criminal charges with serious consequences. Having the right attorney on your side can make a real difference.
Elements of a Criminal Charge for Passing Bad Checks in Utah
In a typical prosecution for issuing a bad check or draft (sometimes called a bounced check), the person has issued a bad check knowing that the check was bad when it was issued. Under a less common, and sometimes confusing, provision of Utah’s criminal code, a person can actually be found guilty of issuing a bad check even if he or she believed the check was good when it was issued.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Under Utah’s criminal code, if a check is refused, the person who wrote the check must make good and actual payment on the check within 14 days of receiving notice that the check was refused by the bank. If payment is not made within that time period, criminal charges can be filed. This 14-day provision can catch otherwise law-abiding citizens by surprise, and has the effect of turning someone who has problems balancing a check book suddenly into a criminal.
Penalties for Passing a Bad Check in Utah
Issuing a bad check in Utah can be charged as either a misdemeanor or a felony. The level of the offense is determined by the amount of the check (or series of checks) issued. If the total value is less than $500, the offense is a class B misdemeanor. If the amount is greater than $500, but less than $1,500, the offense is a class A misdemeanor. If the amount involved is $1,500 or over, but less than $5,000, the case becomes a third degree felony. Passing bad checks totaling $5,000 or more is punishable as a second degree felony.
Finding a Utah Criminal Attorney
Criminal defense lawyer Stephen Howard represents clients throughout Utah. He has successfully protected clients’ rights in check fraud cases as well as other white collar cases including insurance fraud, securities fraud, credit card fraud, identity fraud, and more. If you have been accused of passing bad checks, contact us today to schedule a confidential consultation.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
