New Jersey Criminal Defense Lawyer - Bad checks in New Jersey

The New Jersey statute that discusses bad checks says that a person who issues or passes a check for the payment of money, knowing

that it will not be honored by the bank, commits an offense. In order to obtain a conviction, the State of New Jersey must prove each of the following elements beyond a reasonable doubt:

1. The defendant knowingly issued or passed a check for the payment of money; and

2. He knew at the time he issued or passed the check that it would not be honored by the bank on which it was drawn.

The first element that New Jersey must prove beyond a reasonable doubt is that defendant knowingly issued or passed a check for the payment of money. A check is a draft payable on demand and drawn on a bank or a cashier's check or a teller's check. An instrument may be a check even though it is described on its face by another term, such as money order or sight order. To issue a check means to move the check into circulation. To pass a check means to deliver or circulate or hand the check from one person to another.

The second element that New Jersey must prove beyond a reasonable doubt is that the defendant knew at the time he issued the check that it would not be honored by the bank on which it was drawn. New Jersey defines “knew,” as follows: A person acts knowingly with respect to the nature of his conduct if he is aware that his conduct is of that nature. A person acts knowingly with respect to a result of his conduct if he is aware that it is practically certain that his conduct will cause such a result. “Knowing,” “with knowledge,” or equivalent terms have the same meaning. Knowingly is a state of mind. It cannot be seen. It can only be determined by inference from conduct, words or acts. Therefore, it is not necessary that witnesses be produced by New Jersey to testify that a defendant said that he knowingly did something. His knowledge may be gathered from his acts and his conduct and from all he said and did at the particular time and place and from all the surrounding circumstances.

A jury may infer that the issuer knew that the check would not be paid under the following circumstances:

1. The person who issued the check had no account with the bank upon which the check was drawn at the time the check he issued the check; or

2. Payment was refused by the bank for lack of funds, upon presentation within 30 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.

Bad check charges defended by New Jersey Criminal Defense Lawyer

Bad check charges defended by New Jersey Criminal Defense Lawyer

“Inference” means a deduction that may be drawn logically and reasonably from facts or groups of facts established by the evidence. Whether or not an inference should be drawn is for the jury to decide using its own common sense, knowledge and everyday experience. The jury must ask itself whether it is probable, logical and reasonable. However, the jury is never required or compelled to draw an inference. It alone decides whether the facts and circumstances shown by the evidence support an inference. The jury is always free to draw or not to draw an inference. If the jury does draw an inference, it should weigh that inference in connection with all the other evidence in the case, keeping in mind that the burden of proof is upon the State of New Jersey to prove all the elements of the crime beyond a reasonable doubt.

Your New Jersey criminal defense lawyer will examine all the facts of the case. He will weigh the likelihood of establishing reasonable doubt that the defendant actually issued the check. He will also consider whether New Jersey can satisfy a jury of the mental element of knowledge beyond a reasonable doubt. Persons having bad check charges should speak with an experienced New Jersey criminal defense lawyer immediately. Time is a precious resource. Your New Jersey criminal lawyer will use this resource to prepare your defense case.