Morris County NJ Check Fraud Defense Lawyers

Handling Check Fraud Charges in Morristown, Paterson, Elizabeth, Newark, Hackensack, Jersey City NJ

Under New Jersey Law, check fraud, often referred to as “issuing back checks,” can be considered a second, third, or fourth degree crime, as well as a disorderly persons offense, depending on the circumstances of the specific case.
The degree of the charges against a given defendant is contingent upon the amount associated with the check or money order involved in the alleged crime. For example, any fraudulent check issued in an amount above $200 will result in an indictable felony charge against the accused. The specific degree of the felony-level offense is then determined by the monetary range within which the check amount falls. These ranges are provided in more detail below.
All cases involving indictable felonies in New Jersey are adjudicated in the Superior Court in the county in which the alleged offense occurred. On the other hand, a bad check with an amount below $200 will lead to a disorderly persons charge against the individual, which will then be handled in the Municipal Court in the locality of the alleged crime.
The criminal defense lawyers at The Tormey Law Firm have the experience and dedication necessary to serve as your advocates in the legal system. Their extensive knowledge of the law and specifically-formulated strategies for fighting check card fraud charges allow them to successfully defend clients in courts throughout New Jersey.

Call The Tormey Law Firm anytime at (201)-556-1570 for a free consultation with one of the firm’s skilled criminal defense attorneys. They are happy to discuss your case, answer your pressing questions, and if you choose to obtain further services, you can move forward with confidence and a dedicated defender on your side.

Check Fraud Charges in NJ: N.J.S.A. 2C:21-5

The New Jersey Criminal Code addresses the crime of check fraud or “issuing bad checks” in Statute N.J.S.A. 2C:21-5, which dictates:

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.

c) An offense under this section is:

1) A crime of the second degree if the check or money order is $ 75,000.00 or more;

2) A crime of the third degree if the check or money order is $ 1,000.00 or more but is less than $ 75,000.00;

3) A crime of the fourth degree if the check or money order is $ 200.00 or more but is less than $ 1,000.00;

4) A disorderly persons offense if the check or money order is less than $ 200.00.

What are the Potential Penalties Associated with a Conviction for Check Fraud?

As stated above, the potential penalties to which a given defendant may be subject depend on the degree of the charges against him or her. In New Jersey, these penalties are as follows:

° First Degree Check Fraud: term of incarceration ranging from 10 to 20 years in New Jersey State Prison

° Second Degree Check Fraud : term of incarceration ranging from 5 to 10 years in New Jersey State Prison

° Third Degree Check Fraud: term of incarceration ranging from 3 to 5years in New Jersey State Prison

° Fourth Degree Check Fraud: maximum sentence of 18 months to be served in New Jersey State Prison

° Disorderly Persons Offense for Check Fraud: maximum sentence of 6 months to be served in the county jail

 
Contact the Tormey Law Firm anytime for a free consultation about your check fraud case. Our skilled attorneys are readily available at (201)-556-1570 or (201)-556-1571.

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With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

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Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

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