Bad checks are also called “bounced checks.” The New Jersey statute that discusses bad (or bounced) checks is N.J.S. 2C:21-5. Under that statute, 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 that the defendant knew at the time he issued or passed the check that it would not be honored by the bank on which it was drawn.
New Jersey law allows a jury to infer that the issuer knew that the check would bounce under the following circumstances:
- 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
- Payment was refused by the bank for lack of funds, upon presentation within thirty days after issue, and the issuer failed to make good within ten days after receiving notice of that refusal or after notice has been sent to the issuer's last known address.
Law Offices of Allan Marain Counsellors at Law have over seventy years combined experience defending charges such as these. In fact, the very first court case that Mr. Marain ever handled, in 1976, was for a client who allegedly issued a bad check. The judge dismissed the complaint.
Persons charged with, or who may be charged with issuing a bad check should speak with an experienced New Jersey criminal defense lawyer immediately. Time is a precious resource. Criminal Lawyers in New Jersey can use this time effectively on their behalf.