New Jersey Check Fraud Lawyer
Experienced Criminal Defense Attorney Protecting Those Accused of Bank Fraud in New Jersey
What Does It Mean To Pass A Bad Check? When Will A Prosecutor Pursue Criminal Charges?
As an experienced New Jersey check fraud lawyer, I receive a large call volume from people with questions regarding passing bad checks. I saw this concept of somebody being charged with passing a bad check and then being charged with a theft a lot as a prosecutor as well. I tell clients that very often, a case would start in the municipal court and depending on the severity, it may 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 in question, the case would more than likely be sent back down to the municipal court.
Are Most Cases Of Bad Check Passing Just Misunderstandings?
In my experience as a dedicated New Jersey check fraud lawyer, I find that many cases of check fraud do not have much merit. Oftentimes, the person who is bringing the charges is trying to use the court as a collection agency, which I have seen 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 not tendered on time, which leads to the check being returned. Other times, there is a simple 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 am happy to defend.
Common Reasons For Unintended Check Fraud
I think one of the biggest misconceptions about check fraud 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 arising, which is not criminal at all, and I often see that the people are trying to use the municipal courts in a way that they weren’t intended.
People Make Unintentional Errors in Arithmetic, or Receive Erroneous Information from Their Bank
Oftentimes I find that people may not be aware that the check they wrote was no good, or perhaps there was another check that cleared in between, which left them with a lower balance than they thought. I’ve also seen checks being mishandled by the person who received it, and 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, and 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 physical bank location and opening their accounts in person. In certain instances, the bank is not aware of the online banking account at all. 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. As an experienced New Jersey check fraud lawyer, I have seen all of these scenarios, and more, and will gladly fight to prove your innocence against unintentional check fraud in New Jersey.
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If you’ve been accused of passing a bad check or another type of bank fraud in New Jersey, contact experienced New Jersey Check Fraud Lawyer Carl Spector for a free confidential consultation. With over 30 years of experience handling these types of white collar crimes, he has the skills needed to ensure you receive the best possible outcome. Call today and let his experience work for you.