If you have been charged with passing a worthless bank check in Florida, then you may have a defense. The fact that the payee knew about the insufficient funds and having a check postdated are both defenses that are oftentimes successful when fighting passing worthless bank check cases. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about “payee’s knowledge” or the “postdated check” defenses, or if you want to talk about how to beat your worthless bank check case in Florida, then contact Matthew Williams now for a free consultation.
In Florida, passing a worthless bank check is defined under Florida Statute832.05(2). A person commits the crime of passing a worthless bank check when they issue a check knowing that there are insufficient funds deposited with a bank to cover the check.
The penalty associated with organized scheme to defraud is determined based on the value of the check.
Passing a worthless bank check is a first-degree misdemeanor, meaning it is punishable by up to one year in jail, or up to one year of probation and up to $1,000 in fines (you can also get a jail sentence followed by probation, but the total length of the punishment cannot exceed one year), if the amount of the check was less than $150.
Passing a worthless bank check is a third-degree felony, meaning it is punishable by up to five years in prison, or up five years of probation and up to $5,000 in fines (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed five years), if the amount of the check was more than $150. In addition to facing prison time, if you are adjudicated guilty of passing a worthless bank check then you will lose constitutional rights and you’ll have to deal with many other collateral consequences.
Criminal convictions, especially convictions for fraud-related charges, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with passing a worthless bank check in Florida, then contact Matthew Williams now for a free consultation.