For the offense of Nonsufficient Funds (NSF) Check, the Prosecution must prove the following elements beyond a reasonable doubt:
1) That on a particular date the Defendant wrote or delivered a check, draft, or money order to a named individual or entity for a specific dollar amount;
2) The check, draft, or money order was drawn on a particular bank;
3) The check, draft, or money order was signed and endorsed by a particular individual.
4) When he or she wrote or delivered the check, draft, or money order, the Defendant knew that he or she did not have enough money or credit at the particular bank to pay any it in full. OR when the check, draft, or money order was presented for payment, there were not sufficient funds at the particular bank to pay it in full and the Defendant knew when he or she wrote the check, draft, or money order that there would not be enough money or credit to pay it in full when it was presented.
5) When he or she wrote or delivered the check, draft, or money order, the Defendant intended to defraud or cheat someone.
6) The check, draft, or money order was in one of the following amounts:
a) $500 or more;
b) $100 or more but less than $500;
c) some amount less than $100.
The possible penalties for Non Sufficient Funds (NSF) Check are as follows:
1) In cases where there are 2 prior NSF convictions, the offense is a 2 year maximum felony or a fine of not more than $2,000 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine;
2) If the amount payable in the check, draft, or money order is $100 or more but less than $500, either of the following apply:
a) For a first or second offense, a 1 year maximum misdemeanor or a fine of more than $1,000 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine;
b) For an offense following 2 or more prior NSF convictions, the offense is a 2 year maximum felony or a fine of not more than $2,000, or both imprisonment and a fine (a conviction for attempted NSF check under $100 is not counted in determining prior NSF convictions here);
3) For an offense following 1 or more prior NSF convictions involving $100 or less, a 1 year maximum misdemeanor or a fine of more than $1,000, or both imprisonment and a fine;
4) For a first offense, a 93 day maximum misdemeanor, or a fine of not more than $500, or both.
The offense of 3 Non Sufficient Funds Checks within 10 days is a 2 year maximum felony, with a fine of not more than $500, or both. Cases involving bad checks, when there is a police investigation or a threat of the same, require the assistance of an experienced criminal lawyer on your behalf.
For the offense of 3 Non Sufficient Fund (NSF) Checks within 10 days the Prosecution must prove the following elements beyond a reasonable doubt:
1) The Defendant wrote or delivered 3 checks for a particular dollar amount
2) When he or she did this, the Defendant did not have enough money or credit with the particular bank to pay any of the checks in full;
3) When he or she wrote or delivered the check, draft, or money order, the Defendant knew that he or she did not have enough money or credit to pay any of them in full.
4) When he or she wrote or delivered each of the 3 checks, drafts, or money orders, the Defendant intended to defraud or cheat someone.
If the Defendant knew when he or she wrote the check, draft, or money order that he or she did not have enough money in the bank to cover it at the time, but had good reason to believe that the check, draft, or money order would be paid when it was presented for payment, then the Defendant did not have the intent to defraud or cheat anyone. If the Defendant wrote the check, draft, or money order when he or she did not have enough money in the bank account because he or she made an honest mistake about how much money he or she had in his or her account, there is also not an intent to defraud.
The Prosecutor must prove beyond a reasonable doubt that the check, draft, or money order was presented for payment – there is no requirement that an actual loss must be proven.
It is important to be represented by an experienced criminal defense attorney if charged with a Non Sufficient Funds check (NSF check) or a bad check case.
1) An experienced criminal defense attorney can explore all possible defenses to vigorously defend the case.
2) The criminal defense lawyer can negotiate with the Court to mitigate any possible sentence, and possibly reduce the charge through plea bargaining and/or avoid a record of conviction through diversionary programs and Holmes Youthful Trainee Act (HYTA) when applicable.