Phoenix Check Fraud Lawyer
Check fraud involves the issuing of bad checks and it occurs when an individual passes a check knowing that they do not have the money in their account to pay for that check, as well as any other checks that have been issued at the time. This can be a serious offense because it can cause a person to have a criminal record, which can be devastating to someone who has never had a criminal offense placed on their record or someone who has had just low-level offenses in the past.
Check fraud can also involve creating fake checks or “counterfeit” checks and using those to conduct transactions. A person who has done this could be charged with both counterfeiting of an official document and check fraud.
Penalties Of Check Fraud
While there are other charges that can enhance the penalty, the simple issuing of a bad check is classified as a misdemeanor offense for a first offense, which can result in just probation to six months in jail. Furthermore, there could be a fine that ranges from no money at all to $2,500 with surcharges of up to 84%. If the check amount was $5,000 or more, it is considered a class six felony. If the individual fails to pay the check and accrued interest of 12% per year, as well as the required fees within 60 days of being notified that the check bounced, there could be a one year jail sentence or 4 months to 2 year in prison. One previous offense can result in up to 2 ¾ years in prison. Two previous offenses could yield nearly 5 ¾ years in prison.
Knowledgeable Phoenix Federal Crimes
There are a number of defenses that can be used in check fraud cases. One instance is when the person or the institution receiving the check knows that the person issuing the check does not have insufficient funds. Such is the case with banks that may accept a check despite the account standing. The same applies when a person tries to cash a check knowing that there are insufficient funds. For instance, a friend tells another friend to hang on to a check for a couple of days so that the funds will be available. If that friend does not wait, then they are going to attempt to cash a check in an account that they were told didn’t have the money.
There are other cases where a person may not have known their account did not have the funds. For example, the bank may have withdrawn some kind of service fee without notifying the owner of the account. It has to be proven that the account holder knew the account did not have the funds. No matter what the case is, you can expect Myles A. Schneider to fight from every possible angle to show what happened. Many times, this means proving to the prosecution that there was no knowledge before a trial even begins and this can result in the case being dropped.
Contact An Arizona Check Fraud Attorney
Being charged with any form of check fraud can be terrifying because of the punishments that could result. Previous historical sentences can enhance the current sentence if convicted. The idea, however, is to make sure you are not convicted either by negotiating with prosecutors with the facts or providing a solid defense in court. To find out more, call us at 602-926-7373 to schedule a free consultation.