New Jersey Check Fraud Lawyer
What Is Bad Check Passing and When Will the Prosecutor Pursue Criminal Charges?
As an experienced New Jersey Check Fraud Lawyer, there seems to be a large call volume that I get about passing bad checks. I saw this as prosecutor as well, this concept that somebody being charged with passing a bad check and then being charged with a theft. I tell clients as a New Jersey Check Fraud Lawyer that very often, a case would start in the municipal court and depending on the severity of it would go up to the Superior Court for the county prosecutor to review. Depending on the facts of the case and the amount of the check, the case would more than likely be sent back down to the municipal court.
Are Many Cases of Bad Check Passing Not Criminal Offenses but Misunderstandings or a Miscommunication?
It appears that a lot of those cases do not have much merit to them. The person who is bringing the charges is trying to use the court as a collection agency, which I have seen as a New Jersey Check Fraud Lawyer to be somewhat effective but perhaps misguided. It appears that a great number of these cases are not crimes at all.
In some cases, people would give a check to an individual for some product or service and due to either a misunderstanding or some other miscommunication the check is either not tendered on time. This leads to the check being returned, or there seems to be some misunderstanding between the person who wrote the check and the person who tried to cash it. As an experienced New Jersey Check Fraud Lawyer, I’m starting to see an uptick in the amount of these types of cases, which I do defend.
Common Misconceptions about Bad Check Passing
As a New Jersey Check Fraud Lawyer, I think one of the biggest misconceptions is that to some extent, depending on the factual background of the situation, it’s not a crime at all. I think that the people who are receiving these checks are presuming that they can use the municipal court and in some cases the Superior Court as a collection agency. Very often, there’s simply some type of other issue that’s arising, which is not criminal at all, and I see that the people are trying to use the municipal courts in a way that they weren’t intended.
People Can Simply Make Unintentional Errors in Arithmetic or Receive Erroneous Information from Their Bank
They might not have the knowledge that the check was not good or there might be another check that cleared in between or there just might be some problem with the way that the check was handled by the person that received it. Instead of actually tendering the check to the bank, they may simply call the bank and get the wrong information from the bank, which then becomes their basis for bringing the charge, which may not be accurate at all.
It appears that there are some communication problems when people open up their bank accounts online as opposed to going into a bank and opening it up in person. In certain instances, the bank is not aware of the online banking account if it was made online from the very beginning. Sometimes it becomes an issue where it’s very hard for the bank in certain situations to line up the check with the account that was established online.
If you’ve been accused of passing a bad check or another type of fraud in New Jersey, contact experienced New Jersey Check Fraud Lawyer Carl Spector to defend you in your case.