Salt Lake Bad Checks
Attorney - Utah
Criminal Defense Attorney
Criminal charges may be filed in Utah against a person who writes a bad
check. Depending on the amount of the check, the charge may be filed as
a
felony
or a
misdemeanor.
As a
criminal defense lawyer based
in Salt
Lake City, Stephen Howard has extensive
experience
defending serious
criminal cases ranging from murder to white collar crime, and virtually
everything in between. He has a
track record of achieving
real results
for his clients. Contact us today to schedule an initial consultation.
Penalties for Check Fraud in Salt Lake
In addition to a returned check fee, passing a bad check in Utah can
result in misdemeanor or felony criminal prosecution. The level of the
offense is based on the amount of the check (or checks) that were
issued and not payed. Amounts equal to or exceeding $5,000 can result
in second degree felony charges punishable by a maximum potential
sentence of 15 years in prison. Amounts of at least $1,500 but less
than $5,000 can be punished as a third degree felony with a maximum
penalty of up to five years in prison. Amounts less than $1,500 are
punishable at the misdemeanor level, but can still result in jail
sentences of up to a year in
jail.
Defending Criminal Charges for Passing Bad Checks 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.
Choosing a Utah Criminal Defense Lawyer in Salt Lake
As an experienced Utah
criminal attorney,
Stephen Howard has successfully protected the rights of his clients in
thousands of criminal cases during his career. If you are facing
prosecution for check fraud or other criminal charges, and experienced
criminal lawyer can give you the best chance of successfully defending
your case.
Contact us today to schedule an initial consultation.

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