“Check fraud” may trigger thoughts of forged checks and fake ID’s. Utah’s criminal code includes penalties for intentionally fraudulent conduct, but it also includes criminal penalties that can be imposed when a person bounces a check on his or her own account. A conviction for issuing a bad check or draft under Utah Code 76-6-505 can be punished as a felony or as a misdemeanor based on the amounts involved.
How could this happen? I thought it would clear.
Finding out that a check you wrote has bounced can be embarrassing. You most likely did not intend to bounce the check. It may have been an innocent accounting mistake. Maybe a paycheck you expected to receive was delayed. You thought you would be able to cover the check. But it turns out you were mistaken.
The best defense attorneys ask questions that police don’t.
If you write a check, knowing already that your account has insufficient funds and knowing that the check will not clear, then the intent element of the charge is met up front. If you mistakenly thought it would clear, then you may have time to fix the situation.
How long do I have to fix it?
If you believed that your account had sufficient funds to cover the check, then you will usually have 14 days to make good on the check before criminal charges would be filed.
What if it has happened more than once?
When a person has passed multiple bad checks, Utah law allows prosecutors to file a charge based on the combined total amount of all of the checks the person has passed during a six-month period. For example, four (4) checks written during a six-month period for $500 each (a total of $2,000) could result in a felony charge. Alternatively, if each check charged separately the result would be four misdemeanor charges.
The best attorneys understand your case involves more than just what happens in court.
Defending Bad Check Charges in Utah
Defending against a criminal charge of issuing a bad check or draft (“bounced” checks) can be difficult, because of the different ways that the charge can be supported. In a typical bad check case, a prosecuting attorney will attempt to present evidence that the person writing or issuing the check had actual knowledge that the check would not be honored by the bank. The burden of proof is on the prosecution. Under this subsection of the code, a jury must be convinced beyond a reasonable doubt that the defendant knew that the check would bounce.
Defending a bad check charge in Utah is even more difficult under a less-known provision of the Utah Code that can create criminal liability for a bounced check, even if the defendant honestly believed that the check would be honored by the bank. This provision of the Utah Code requires that if a check is refused by the bank, the person who issued the check must make good and actual payment on the check within a 14-day period of being given notice that the check has been refused.
Contact us today to schedule an initial consultation.
Understanding your goals is the first step to developing the best defense strategy.