Camden County NJ Check Fraud Lawyer
Theft and Fraud Attorney in Cherry Hill, New Jersey
Check fraud occurs when a person writes a bad check knowing that it will be refused. Being found guilty of check fraud can subject you significant penalties including a potentially long prison sentence, probation, and large fines.This is why you need an aggressive and experienced defense attorney to assist you with your case if you have been charged with check fraud.
The criminal defense team at the the Law Offices of Leonard Biddison defend clients charged with theft related offenses such as robbery, credit card fraud, and burglary in Camden County including Cherry Hill, Winslow, Gloucester, and Pennsauken. With almost 40 years of combined experience, our defense attorneys know what it takes to help get you the most desirable result in your case. In fact, one of our attorneys has handled countless theft related cases and has been featured in the Daily Record from Morris County as a result of his success in several of these cases. This sort of expertise can be extremely valuable in your case. The Law Offices of Leonard Biddison are available anytime for a free initial consultation to speak with you about your case. Call us today at 866-721-9510.
New Jersey’s Check Fraud Statute: N.J.S.A. 2C:21-5
Check fraud in New Jersey is defined under N.J.S.A. 2C:21-5:
A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:
a) The issuer had no account with the drawee at the time the check or order was issued; or
b) Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer’s last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.
Degrees of Check Fraud in New Jersey
Check fraud is graded based on the amount of money involved.
Second Degree: 5 to 10 years in New jersey State Prison if the check is at least $75,000
Third Degree: 3 to 5 years in NJ State Prison if the check is between $1,000 and $75,000
Fourth Degree: Maximum 18 months in NJ State Prison if the check is between $200 and $1,000
If the offense is less than $200, it will be considered a disorderly persons offense punishable by up to 6 months in county jail
Note: It is important to note that there is a crucial distinction between second and third degree check fraud in New Jersey. Second degree carries a presumption of incarceration while third degree carries a presumption of non-incarceration if you do not have a prior record. For example, if you are convicted of third degree check fraud and do not have a prior record, you are likely to receive probation and avoid jail.
Contact a Winslow Twp. NJ Check Fraud Lawyer for Answers
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against your shoplifting charge. Our criminal defense team understands the details of theft law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 866-721-9510 for a free initial consultation about your case.