Definition of Passing Bad Checks in Pennsylvania
In Pennsylvania, passing a bad check is considered a form of theft by deception, which is a criminal offense. This occurs when an individual intentionally writes a check knowing that it will not be honored by the bank due to insufficient funds.
The Pennsylvania Bad Check Law, also known as the Dishonored Check Law, outlines the specific criteria for determining when a check is considered bad, including the check being dishonored due to insufficient funds or a closed account.
Legal Consequences of Passing Bad Checks
The legal consequences for passing bad checks in Pennsylvania can be severe, including fines, restitution, and even jail time. The penalties will depend on the amount of the check and the individual's prior record of passing bad checks.
For example, if the check is for an amount less than $200, the offense is typically considered a summary offense, which carries a fine of up to $300 and up to 90 days in jail. However, if the check is for an amount greater than $75,000, the offense can be considered a felony of the third degree.
Pennsylvania Bad Check Law and Procedure
The Pennsylvania Bad Check Law requires that the check be presented to the bank for payment and returned due to insufficient funds or a closed account. The payee must then send a certified letter to the maker of the check, demanding payment within a specified timeframe.
If the maker of the check fails to respond to the demand letter or pay the amount due, the payee can file a complaint with the district attorney's office, which may lead to criminal charges being filed against the maker of the check.
Defenses to Passing Bad Checks in Pennsylvania
There are several defenses that may be available to an individual charged with passing bad checks in Pennsylvania, including lack of intent to defraud, post-dated checks, and insufficient evidence. An experienced attorney can help determine the best defense strategy for a particular case.
For example, if the check was post-dated, the maker of the check may not have intended for it to be cashed at the time it was presented, which could be a valid defense to the charge.
Seeking Legal Representation for Passing Bad Checks
If you have been charged with passing bad checks in Pennsylvania, it is essential to seek the advice of an experienced attorney who is familiar with the Pennsylvania Bad Check Law and the local court system.
An attorney can help you understand the charges against you, explain the potential consequences, and develop a defense strategy to minimize the penalties and protect your rights.
Frequently Asked Questions
What is considered a bad check in Pennsylvania?
A bad check in Pennsylvania is a check that is dishonored due to insufficient funds or a closed account.
Can I go to jail for passing a bad check in Pennsylvania?
Yes, passing a bad check in Pennsylvania can result in jail time, depending on the amount of the check and your prior record.
How do I avoid passing a bad check in Pennsylvania?
To avoid passing a bad check, make sure you have sufficient funds in your account before writing a check, and avoid post-dating checks.
What are the penalties for passing a bad check in Pennsylvania?
The penalties for passing a bad check in Pennsylvania can include fines, restitution, and jail time, depending on the amount of the check and your prior record.
Do I need a lawyer if I am charged with passing a bad check in Pennsylvania?
Yes, it is highly recommended that you seek the advice of an experienced attorney if you are charged with passing a bad check in Pennsylvania.
Can I negotiate a payment plan if I am charged with passing a bad check in Pennsylvania?
Yes, in some cases, you may be able to negotiate a payment plan with the payee or the district attorney's office to avoid criminal charges.