Las Vegas Bad Checks Lawyer
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:
- 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.
Dismissed (DUI (.128) Reduced to Reckless Driving
Not Guilty **Trial** Domestic Battery
Reckless Driving .220 BAC
Misdemeanor Petit Larceny 11 Counts Theft (Category B Felony)
Dismissed 2 Counts Battery on a Protected Person (Gross Misdemeanor)
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.
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