Ever since people have been able to use checks as a form of payment or as a means to withdraw money, there have been instances of issuing bad checks. This is a commonly charged offense, which tends to be only punishable as a misdemeanor. Even so, a conviction can become a major issue in your life that has the potential to affect your social, professional and financial well-being.
Due to the possibility that this type of conviction can follow you throughout your life, it would be in your best interest to immediately begin working towards a solution. The most effective way of achieving a favorable result is to work side by side with a capable criminal defense attorney who can advise you and provide legal counsel that allows you to productively argue your case.
Dallas Bad Check Attorney
With the potential ramifications arising out of a issuance of bad checks conviction, covering all of your bases before arguing your case will allow you to favorably position yourself in order to get the charges reduced or dismissed. A criminal defense attorney can guide you through this complex and difficult legal process, easing the burden and helping you have a greater opportunity to successfully defend your alleged action and move on with your life.
The attorneys of The Law Offices of Richard C. McConathy make up a firm that is well versed and experienced in these types of white collar cases, and will draw on this extensive legal knowledge to provide excellent client service, while making certain that you are approaching each step in the criminal process in the correct way.
Their strict adherence to protecting individual rights guides their aggressive defense of individuals in north Texas. You can rest assured that you will be well taken care of with the McConathy legal team.
Call (972) 233-5700 or send an online message to schedule a free and confidential consultation with the attorneys of The Law Offices of Richard C. McConathy today. The legal team proudly represents individuals from the north Texas counties of Dallas, Collin, Wise, Johnson, Tarrant, Denton, Ellis and Rockwall.
Issuance of Bad Checks under Texas Law
According to Texas Penal Code §32.41, a person commits this offense if he or she issues or passes a check for the payment of money, knowing that the issuer does not have sufficient funds in or on deposit with the bank for the payment in full of the check or order, as well as all other checks or orders outstanding at the time of issuance.
This statute does not prevent the prosecution from establishing the required knowledge by direct evidence; however, for purposes of this section, the issuer’s knowledge of insufficient funds is presumed if:
- He or she had no account with the bank or other drawee at the time he issued the check or order; or
- Payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.
Issuance of a bad check is generally considered a Class C misdemeanor. If convicted, the presumptive sentence would be a fine not to exceed $500.
If the check or similar sight order that was issued or passed was for a child support payment the obligation for which is established under a court order, the offense is a Class B misdemeanor. This charge, if convicted, comes with a presumptive sentence of up to 180 days in jail and / or fines not to exceed $2,000.
The Law Offices of Richard C. McConathy | Dallas County Bad Check Arrest Lawyer
If you or a loved one has been charged with issuing bad checks in North Texas, take the necessary step in protecting your freedom and future by working with the qualified lawyers at The Law Offices of Richard C. McConathy.
Experienced and aggressive, the Dallas criminal defense attorneys of The Law Offices of Richard C. McConathy can be counted on to make use of their vast legal knowledge to frame the most effective argument for your particular case.
Call (972) 233-5700 to schedule a free and confidential consultation to discuss the specifics of your case today. The attorneys of The Law Offices of Richard C. McConathy proudly represent individuals in and around the North Texas cities of Dallas, Garland, Irving, Mesquite, Coppell, Duncanville, Plano, McKinney, Frisco, Decatur, Alvarado, Grandview, Fort Worth, Arlington, Grapevine, Denton, Lewisville, Waxahachie and Rockwall, among others.