Unfortunately, having an individual write a “hot check” is a common occurrence and is also known as theft by check. Many times, the individual who writes the check is fully aware that he or she does not have sufficient funds to cover the amount on the check. However, on some occasions, it is an honest mistake.
There are times when individuals forget to balance their checkbooks, or there is an unexpected delay in a direct deposit that causes a check to bounce. If you have been charged with theft by check, consulting with an experienced Dallas theft crimes defense attorney would be in your best interest.
Theft by Check Lawyer in Dallas
If you have been accused of writing a hot check in Dallas, Fort Worth, Irving, Plano, Denton, Arlington, Richardson, Mesquite, or the surrounding areas, contact Law Offices of Richard C. McConathy. Richard McConathy is a qualified defense lawyer, who was awarded the Texas Monthly Rising Star. As a Dallas criminal defense attorney who is knowledgeable in all areas of Texas law, he can ensure that you are making informed legal decisions throughout the legal process.
Call Law Offices of Richard C. McConathy today at (972) 233-5700 to set up a consultation to discuss your allegations. Your initial consultation is free, and it is a vital step in developing your defense strategy.
Theft by Check Information Center in Texas
According to section 34.41 of the Texas Penal Code, it is illegal for an individual to pass a check for the payment of money, knowing that the issuer of the check does not have sufficient funds in or on deposit with the bank, for the full payment of the check, as well as all other outstanding checks at that time.
An individual commits theft by check when he or she obtains goods or services by writing a check from an account that does not have enough money to cover the check, or from an account that doesn’t exist at all (Texas Penal Code § 31.06).
By law, writing a hot check is considered a Class C Misdemeanor, which is punishable by a fine of up $500. If an individual writes a check for the purpose of paying child support, and the check bounces, he or she can be charged with a Class B misdemeanor. A Class B misdemeanor is punishable by up to six months in jail, and/or a fine of up to $2,000.
Find a Defense Attorney to Clear Theft by Check Charges | Law Offices of Richard C. McConathy
Contact Law Offices of Richard C. McConathy today for a consultation about your allegations of theft by check. Richard McConathy is a compassionate defense attorney who will work around the clock to ensure that your defense strategy is designed to give you the best chance of receiving a favorable outcome.
With offices in Arlington, McKinney, Denton, Fort Worth, Allen, Plano, Irving, and Dallas, the firm is able to serve clients in the counties of Collin, Tarrant, Denton, and Dallas. Call Law Offices of Richard C. McConathy or complete an online form today at (972) 233-5700 to set up a free consultation, and begin the process of defending yourself.