Dishononored Check Issuance - Requires Proof of Intent
We’ve recently made a point to covering various crimes in greater detail that fall under the umbrella of theft. This week we cover dishonored check issuance, commonly known as writing a bad check.
Dishonored check issuance, is essentially writing a check with insufficient funds in your account. Sounds simple enough, but more often than not there was no intent on the issuer to commit a crime. This often will be brought about by financial struggles or merely forgetfulness but you can still be charged. Minnesota law treats this in a similar manner as they would a theft. We’ve previously outlined the penalties for theft but the charges for issuance of a dishonored check are slightly different.
| Charge | Level | Possible Penalty |
|---|---|---|
| Issuance of a bad check for less than $250 | Misdemeanor | Up to 90 days in jail and/or a $1,000 fine |
| Issuance of a bad check for less than $500 but more than $250 | Gross Misdemeanor | Up to one year in jail and/or a $3,000 fine |
| Issuance of a bad check for more than $500 | Felony | Up to five years in prison and/or a $10,000 fine |
Proof of Intent
One of the unique aspects of dishonored check issuance is that the state needs to show proof of intent of the issuer to write the check without the funds to pay for their purchase or that upon notice of nonpayment, the issuer failed to pay within five days of notice.
Any of the following is evidence sufficient that the person at the time of the issuance of the check intended it should not be paid:
(1) Proof that, at the time of issuance, the issuer did not have an account with the drawee;
(2) Proof that, at the time of issuance, the issuer did not have sufficient funds or credit with the drawee and that the issuer failed to pay the check within five business days after mailing of notice of nonpayment or dishonor as provided in this subdivision; or
(3) Proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit with the drawee and that the issuer failed to pay the check within five business days after mailing of notice of nonpayment or dishonor as provided in this subdivision.
It is this proof of intent aspect to the law that our team will base our defense around. Proving intent in this regard is not automatic and we have experience demonstrating that there was no intent to defraud the check receiver.
North Star Criminal Defense – Experienced Check Fraud Attorneys
If you have been charged with check fraud in Minnesota, you need to consult with a skilled Minnesota defense attorney like the team at North Star Criminal Defense. The sooner you do this, the better so that we can immediately begin investigating the facts of the case and developing your defense. Contact North Star Criminal Defense now to get started.