Though in recent years digital means of financial transactions like direct deposit, credit cards and debit cards have become more popular and prominent, using checks as a form of payment is still an important part of today’s financial business. Checks have seen much change and modernization over the years, but one thing has not changed since the check came into use: the writing of bad checks.
A charge for bad check writing in Texas is a relatively common occurrence but is one that should be taken seriously. In addition to the penalties that come with conviction, having a criminal record for a bad check can make you seem financially reckless or irresponsible to future employers, landlords, creditors, and other entities who may do a background check, which could seriously impede your social, professional and financial well-being. Working with an experienced Williamson County white collar crime defense lawyer could ensure these consequences are something you never have to contend with.
Georgetown Bad Check Defense Lawyer
The potential ramifications of a bad check conviction means that it is best to immediately begin working toward a solution, especially when considering an experienced Georgetown check fraud defense attorney. If you are facing a bad check charge in Williamson County, including the areas in and around Round Rock, Georgetown, Cedar Park, Leander, Taylor, and Hutto, contact Price & Twine, PLLC to begin working on your defense today.
Michael J. Price is skilled and knowledgeable criminal defense attorney in Georgetown who has over two decades of experience working with clients like you. They will do whatever it takes to work out a favorable solution for your bad check charges in Williamson County. To find out what Price & Twine, PLLC can do for your check fraud case in Georgetown, Round Rock, or the surrounding areas, call (512) 354-1880 today and schedule your free initial case consultation.
Texas Fraud Law and Bad Checks in Williamson County
Known by statute as issuance of a bad check, and generally as a bounced check or returned check, check fraud in Texas is governed by Tex. Penal Code Section § 32.41. This law makes it illegal for a person to issue or pass a check for the payment of money when he or she knows that the issuer of the check does not have sufficient funds either in the bank or on deposit with the bank to cover both of the following:
- The amount of the check he or she is writing
- The amount of all other outstanding checks or orders at that time
Unless the check is postdated, it is presumed that the check writer/issuer knew of the lack of funds at the time of check writing in two different circumstances. The first is when he or she had no account with the bank at the time the check was written. The second is when the bank refused to provide the money for the check within 30 days of its writing due to insufficient funds, and the check writer then failed to pay the holder of the bad check in full within 10 days of receiving notice of the bounced check.
These presumptions of knowledge do not prevent the prosecution from establishing the required knowledge for the offense with direct evidence. Notice to the check writer should be given through actual notice, first class mail, or certified mail with return receipt and should instruct the bad check writer to make full payment within 10 days. Failure of the bank to follow procedure could be a valid defense to your bad check charges in Williamson County. No matter the circumstances of your bad check charge, an experienced white collar crime defense attorney in Georgetown can fight to have your charge dismissed or otherwise favorably resolve your case.
Penalties for Bad Checks in Georgetown
Writing a bad check, bounced check, or returned check may not seem like a cause for concern, but the penalties that come with such an offense are real and a conviction can seriously impact your future. It is considered a Class C Misdemeanor, punishable by up to $500 in fines, to write a bad check in Texas. If the bounced check was meant for the payment of child support as ordered by the court, the offense is upgraded to a Class B Misdemeanor. Class B Misdemeanor check fraud in is punishable by up to six months in jail and/or up to $2,000 in fines in Williamson County.
A charge for issuance of a bad check is not a lesser-included offense for theft or theft of service as defined in Tex. Penal Code Sections § 31.03-31.04. It is possible to make restitution for the writing of a bad check through the prosecutor’s office. Due to the complex financial and legal matters involved in legislation for returned checks in Texas, it is highly recommended you work with an experienced Georgetown fraud defense lawyer to fight for a favorable outcome and protect your rights.
Price & Twine, PLLC | Defense Attorney for Bounced Checks in Williamson County
If you have had misdemeanor charges brought against you for a bad check you wrote in Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto, or elsewhere in Williamson County, contact Price & Twine, PLLC to begin exploring your favorable resolution options, such as restitution, immediately.
Michael J. Price is an experienced criminal defense attorney in Georgetown, and they will do whatever it takes to fight for the favorable outcome you desire in your Williamson County bad check case. Your first consultation is free, so call (512) 354-1880 today and schedule yours.