One of the elements of a Bad Check charge in New Jersey (N.J.S.A 2C:21-5) is the allegation that you knowingly cashed a bad check, with the intention of fraudulently collecting money.
So while you can be charged with the crime, the prosecution will have to prove that you knew the account was overdrawn in order to win a conviction.
There are statutory elements that can limit a defense based on not knowing your balance wouldn’t cover the amount, including whether the check was written on an account that was closed, or whether the balance on the account had been overdrawn for a period of time and you had been notified orally or in writing.
Bad Checks in New Jersey are charged as theft crimes, and the potential penalties are serious.
If you’re facing prosecution for Bad Checks, get help right away.
Attorney Matthew Reisig defends Bad Check charges everywhere in New Jersey, and knows how to build a case that shows convincingly that you acted without intent.
Call 732-625-9661 today for a free consultation.