Writing a bad check, usually called NSF, is writing a check when you know there is not enough money in your account to cover it. Most counties have a special division of their prosecutor's office assigned to prosecuting people who do this. If you make the check good or pay the money most counties will not prosecute.

• Writing a check for more than your account balance, and knowing it will bounce.                        

• Writing a check from an account that does not have your name on it.

• Up to 2 years in prison and/or $500

What Defenses Are There?

Jury Instruction

The defendant is charged with the crime of writing or delivering a [check / draft / money order] without having sufficient funds to pay it. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:  

1. First, that the defendant wrote or delivered a [check / draft / money order] in the amount of , payable to __________.  

2. Second, that this check was drawn on [identify bank or depository].  

3. Third, that the [check / draft / money order] was [signed / endorsed] by __________  

4. Fourth, that the defendant knew when he wrote or delivered the [check / draft / money order] that he did not have enough money or credit with [identify bank or depository] to pay it in full.  

5. Fifth, that when he wrote or delivered this [check / draft / money order], the defendant intended to defraud or cheat someone. [If the defendant reasonably expected that the (check / draft / money order) would be paid by the bank, then there was no intent to defraud or cheat.]  

6. Sixth, that the amount was: 

1. $500 or more.
2. $100 or more, but less than $500.
3. some amount less than $100.

Why Should You Hire the Ambrose Law Group?

Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.

We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.

You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.

Related Topics

• Larceny

• Larceny by Conversion

• Larceny by Trick

• Larceny from a Motor Vehicle

• Larceny from a Person

• Larceny in a Building

• Embezzlement

• Credit Card Fraud

• Writing Bad Checks

• Identity Theft

• Retail Fraud-First, Second and Third Degree

• Robbery-Unarmed

• Robbery-Armed

• Robbery of a Bank, Safe or Vault

• Receiving or Concealing Stolen Property

• False Representation (False Pretenses)

• Filing a False Report

• Breaking and Entering

• Home Invasion

• Unlawful Entry