Facing charges of check fraud can be overwhelming. Fortunately, you do not have to navigate the confusing legal system alone. An experienced fraud defense attorney may be able to help you create a powerful defense. A Midland check fraud lawyer could handle your case, represent you during all legal proceedings, and fight tirelessly on your behalf.
Check Fraud Laws in Texas
Under Texas Penal Code Chapter 32, check fraud occurs when an individual issues or passes a check while knowing there are insufficient funds in the bank at the time to cover the transaction. Check fraud also occurs when a person issues or passes a check after having closed the associated bank account.
Charges of check fraud are not always imposed immediately after it is known a “bad check” was issued. The typical sequence of events for filing check fraud charges against a person is as follows:
- Issue a written demand for payment to be made in full
- Allow up to 10 days for payment to be made
- If payment is not made within 10 days of receipt of the written demand, it is presumed an offense was committed
- The matter is referred for criminal prosecution and check fraud charges are filed
A Midland check fraud attorney can further explain the legal process for resolving check fraud complaints prior to official criminal charges. In short, a person should receive a written demand to make payment in full within ten days prior to being charged with a check fraud offense.
Possible Penalties for Check Fraud
Check fraud offenses in Midland are categorized as misdemeanors. In most cases, check fraud is a Class C misdemeanor punishable by a fine of up to $500.
The charges for a check fraud offense can be elevated to a Class B misdemeanor when the fraudulent check or payment was for court-ordered child support. The legal penalties for conviction of a Class B misdemeanor include a jail term of up to 180 days, a fine of up to $2,000, or both.
All individuals convicted for check fraud, whether as a Class B or Class C misdemeanor, can also be ordered by the court to make monetary restitution. Restitution involves repayment of the amount of financial loss associated with issuing a “bad check.” Restitution is made through either the prosecutor’s office or a law enforcement agency. A Midland check fraud attorney can answer specific questions regarding check fraud penalties.
Contact a Midland Check Fraud Lawyer Today
While it is possible fight charges of check fraud on your own, unrepresented defendants often find the legal system confusing and intimidating. It can be difficult to formulate a sound defense strategy without the assistance of experienced legal counsel.
Rather than attempting to navigate the legal system alone, consider allowing a Midland check fraud lawyer to represent you. Experienced defense attorneys understand how to navigate the complex legal system and could fight on your behalf to achieve a positive outcome. Contact a Midland check fraud lawyer for representation today.