Non-Sufficient Funds / Writing Bad Checks

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iStock 000030020746Small1 300x300 Non Sufficient Funds / Writing Bad ChecksAny consumer is probably aware of how embarrassing it can be to deal with a problem with non-sufficient funds, but few individuals truly understand that a single banking error or mistake can cause serious consequences.  Writing a bad check in Michigan is classified as a felony that can carry up to a two year jail sentence and a fine of up to $500.  Time is of the essence when dealing with a possible dilemma that could lead to criminal charges being filed, and it is important for an individual to know when to seek the professional guidance of a criminal attorney.

If you have been arrested or charged with Non Sufficient Funds / Writing Bad Checks, we recommend that you retain experienced counsel to aid in the defense of this charge.  We know the law and can help you understand your rights and develop defenses to charges levied against you.  To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

A person can face the same penalties for writing a check on a fraudulent account as writing a check on a valid account that does not have sufficient funds.  An experienced attorney will explain that a defendant that has made an honest mistake may be protected by the legislation, and a failure to prove intent by the prosecution could result in the case being dismissed.  In theory, the plaintiffs or prosecutors would have to show that an individual clearly understood that they did not have enough money to cover the check or checks that they wrote.  Although this may seem fairly difficult, even simple errors can turn into legal disasters if the proper steps are not followed in dealing with a non-sufficient funds problem.  If an individual readily admits the fact that they did indeed knowingly pass a bad check, it is imperative that court be avoided if possible.  Few individuals have the necessary skills to negotiate with the companies that they owe money, but Garmo & Kiste, PLC and its attorneys are often able to help arrange some type of restitution or repayment agreement that can keep the matter out of court.  Waiting until legal papers have already been served or an arrest has been made is certainly not the best course of action, but a lawyer with significant experience in the area of non-sufficient funds law should be able to provide advice for almost any situation a person in Troy, Michigan finds themselves facing.

Whether a person actually committed a crime or not, their entire future could be impacted by their decision to seek the guidance of an experienced criminal lawyer who handles these cases. We know the law and can help you understand your rights and develop defenses to charges levied against you. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message

Why hire us?

Having handled these cases in volume, typically our attorneys know the prosecutor and the judge, and can anticipate the judge’s responses, understand how the prosecutor will want to proceed, and with that knowledge we can negotiate the best deal for our clients in efforts of removing as much uncertainty from the legal justice system as possible.

Remember, judges have a tremendous amount of discretion when imposing your punishment.  Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment.  For this reason, looking for an attorney who practices in the county where you were arrested is particularly helpful.  That said, we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair. For more information about these matters, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message

Michigan Law:

750.131a Check, draft, or order for payment of money; making, drawing, uttering, or delivering without account, credit, or sufficient funds with intent to defraud; violation as felony; penalties.

Sec. 131a.

(1) A person shall not, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on an account or otherwise, upon any bank or other depository, if at the time of making, drawing, uttering, or delivering the check, draft, or order he or she does not have an account in or credit with the bank or other depository for the payment of the check, draft, or order upon presentation. A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $500.00, or both.

(2) A person shall not, with intent to defraud, make, draw, utter, or deliver, within a period of not more than 10 days, 3 or more checks, drafts, or orders for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of making, drawing, uttering, or delivering each of the checks, drafts, or orders that the maker or drawer does not have sufficient funds or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation. A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $500.00, or both.

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