I'm being charged with check fraud for bouncing some checks. How do I defend myself?

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Question:

I'm being charged with check fraud for bouncing some checks. How do I defend myself?

Answer:

Check fraud occurs when a person intentionally writes a check knowing that the funds for that check are not available. This is a form of theft but it is often a misdemeanor fraud charge. There are various types of check fraud, including writing bad checks, check kiting and checking floating. If you are charged with any of these, it is important to work with an attorney to form a defense for your actions.

Potential Defense Options

When it comes to check fraud, you can fight these criminal charges. To do so, consider the following potential defense options for you:

  • Prove that you did not write the check or checks in question. For example, if your checkbook was stolen, you may not be responsible for the charges. Prove that this occurred.
  • Prove lack of intent. This means that you will prove that you did not intend to write a bad check and that you had the intent of having the funds available for the check. You will need to demonstrate that you honestly believed that you had the ability to write the check.
  • Prove that some other action caused the bad check, such as a deposit not being made properly or a paycheck not being deposited as it should have been.

In most cases, check fraud charges can be plead out or reduced, depending on the circumstances. Work with an attorney to find out how you can defend against these charges. Your attorney can help you to determine if you can plead out the case, get the charges dropped or prove you are innocent.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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