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.