Bad Checks

Passing Bad Checks/Bounced Checks/Returned Checks

The two most common forms of passing a bad check are writing a check on an account with insufficient funds or writing a check on a closed account. Passing bad checks can be either a misdemeanor or a felony depending on the value and the circumstances. Keep in mind there are also different levels of felony depending on the value and circumstances surrounding the bad check.  

The two biggest obstacles for the state to prove in a bad check case are the mental state of the check writer and the ability of the check recipient to identify the proper check writer. Because of fluctuating bank records, an individual has a defense as to the mental state of the accusation. One example could be that a spouse wrote a large check on a joint account and did not inform the individual charged with the crime.  

Often a bad check case does not get filed for many months after the event took place. Frequently, the check was written in a large retail store or food service store. It is difficult for the recipient of the check to make a positive identification months later from such a short time period of interaction.  

Some attorneys would be happy to plea their client to a probation deal. At Boehmer Law, we force the state to prove both mental state and the identification of the accused. A plea deal is only our last resort. Having an attorney with vast trial experience like those at Boehmer Law is an extremely beneficial tool in successfully defending our client. Do not make the mistake of going into court without a lawyer and saying the wrong thing. Anything that you say in court can be used against you. Call Boehmer Law today to discuss the circumstances of your case and schedule your free consultation visit. 636-896-4020

Some bad check convictions can be expunged from your record. If you have a previous conviction on your record for passing bad checks and you would like to see if it can be expunged please contact Boehmer Law.
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