Clifton NJ Bad Checks Defense Attorney
Criminal Defense Lawyer Fighting for Clients in Passaic County, New Jersey
Alissa D. Hascup is an experienced criminal defense lawyer who represents clients throughout New Jersey, including Clifton, Wayne, Passaic, Prospect Park, and Haledon, New Jersey, who have been charged with theft & fraud offenses such as shoplifting, credit card theft, and theft by deception.
Being charged with the crime of issuing Bad Checks means that you are exposed to a term of incarceration and a number of collateral consequences. Having an aggressive, experienced defense lawyer to guide you through the legal process is invaluable. Ms. Hascup is prepared to attack the State’s case and put you in a position to achieve the best possible result.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you.
Contact her office anytime for an initial consultation, which is always provided free of charge.
Bad Checks in New Jersey: N.J.S.A. 2C:21-5
The crime of issuing Bad Checks is codified under N.J.S.A. 2C:21-5, which sets forth that:
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 of issuing bad checks. 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 in 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
Grading (Degree) of Bad Checks Crimes in New Jersey:
Issuing Bad Checks constitutes a crime of the Second Degree (punishable by a term of incarceration between 5 and 10 years in New Jersey State Prison) if the check or money order is $75,000.00 or more.
Issuing Bad Checks constitutes a crime of the Third Degree (punishable by a term of incarceration between 3 and 5 years in New Jersey State Prison) if the check or money order is $1,000.00 or more but is less than $75,000.00.
Issuing Bad Checks constitutes a crime of the Fourth Degree (punishable by a term of incarceration up to 18 months in New Jersey State Prison) if the check or money order is $200.00 or more but is less than $1,000.00.
Otherwise, Issuing Bad Checks constitutes a disorderly persons offense (punishable by a term of incarceration up to 6 months in the county jail).
Contact a Wayne NJ Check Fraud Lawyer to Begin Your Defense
A conviction for issuing Bad Checks can mean exposure to jail and serious collateral consequences. Hiring the right defense attorney can mean all the difference. Protect your rights and your freedom. Alissa D. Hascup is available anytime to speak with you about your case. Contact her now for a free consultation.