Defenses That Can Help If You'Ve Been Charged With Issuing A Bad Check

Posted on: 14 October 2018

It's easy to view financial-based charges less seriously than crimes against other people, but it's also important to remember that when you break the law in a financial way, you can indeed be harming someone. As such, it's important to take a financial crime with which you've been charged seriously — and contact a law firm and hire a defense attorney who specializes in these types of cases to represent you. If you've been charged with one or more counts of issuing a bad check, you don't want this misdemeanor on your record. In mounting your defense, your attorney will want to know what legitimate reason you might have had for this alleged act. Here are some defenses to build together.

You Wrote The Check From The Wrong Account

Issuing a bad check is possible if you have multiple bank accounts with significantly different balances in each. For example, if you have one account with less than $1,000 and another account with more than $10,000, you might have meant to write a $5,000 check from the latter account but mistakenly done so from the former. Your attorney will present this information and argue that you had enough funds to issue the check, but simply made an honest mistake in choosing the wrong account.

There Was A Deposit Error

There can be times that you expect a certain amount of money to go into your account via direct deposit, but there's an issue that prevents this transaction from taking place. A common example is your twice-monthly paycheck, which many companies distribute by direct deposit. You might have written a check under the assumption that a significant amount of money would go into your account on the expected date, only for an accounting/payroll problem with your employer to prevent this from happening. Any correspondence from your employer about the problem will be instrumental in building your defense.

A Partner Made An Unexpected Withdrawal

If you share your bank account with a partner, it's imperative for you to properly communicate how you're spending your money. Oversights can occasionally happen, however, and this could potentially lead to a charge for issuing a bad check. Your attorney may be able to build a successful defense around arguing that your partner made a large withdrawal that significantly drained the money in the account about the same time that you were writing the check, and that you weren't aware of his or her transaction.

Contact a law firm for more information and assistance.