Check Fraud Charges Defense
Houston Bad Check Attorneys :: The Law Office of Matthew D. Sharp
Debit cards seem to be everywhere these days, but kiting is still a very real crime in the state of Texas. Getting caught for writing even one bad check has the potential to make life difficult for many years to come. Don’t just sit back and allow the prosecution to obtain an easy hot check conviction. Your Houston check kiting charges lawyer knows how to protect your legal rights. He will work hard to negotiate a reduction in charges or a complete dismissal of the case.
Insufficient Check Charges
It might seem like a bounced check is no big deal, but countless criminal defendants only learn the true cost of fraudulent checks charges after it’s too late to do anything about them. Sure, passing a bad check is usually a misdemeanor crime, but who really wants to live with a criminal record?
Chapter 32 of the Texas Penal Code clearly defines the crime of issuing a bad check. Intentionally issuing a check without having sufficient funds in the designated bank account constitutes paper hanging. The bank account must contain enough money to cover the value of all outstanding checks and debits. Aside from direct evidence that may be available to law enforcement investigators, it is assumed that the issuer of the check had knowledge of insufficient funds under the following conditions:
- The defendant did not have an active bank account when the check was written
- The banking institution denied payment due to insufficient funds within 30 days, and the account holder failed to provide payment to the payee within 10 days after the denial
Worthless Check Penalties
A fraudulent act of this nature is generally regarded as a Class C misdemeanor in the state of Texas. Conviction could result in a criminal record and a fine of no more than $500. In the event that the check was for a court-ordered child support payment, the criminal charge will be increased to a Class B misdemeanor. A Class B misdemeanor conviction could mean up to six months in jail and a $2,000 fine.
Get the Help You Need From a Bad Check Attorney in Houston, TX
An experienced bad check lawyer can help a defendant negotiate an acceptable solution to a pending criminal charge. Protecting the best interests of every white-collar crimes defendant is what Matthew Sharp does best. He will thoroughly investigate the circumstances surrounding the case and aggressively fight every element of your charges. Schedule a free consultation today to learn more.
