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Practice AreasColumbus Check Fraud Attorney
How Ohio Defines Passing a Bad Check
Ohio’s passing-bad-checks law generally requires proof that a person, with purpose to defraud, issued or transferred a check or other negotiable instrument while knowing it would be dishonored or that payment had been or would be stopped. The law presumes knowledge of dishonor in specified circumstances, including when the drawer had no account or when a check was refused for insufficient funds and the amount remained unpaid for 10 days after notice of dishonor.
Every day in central Ohio people are charged with passing bad checks offenses.
If you are convicted of a passing bad checks offense, additional potential issues include:
- Maintaining your current employment
- Licensure issues in some professions
- Difficulty getting a good job in the future
- Difficulty and possible denial in immigration and naturalization proceedings
Simply put, if you are convicted of a passing bad checks offense, you run the risk of being deemed untrustworthy for the rest of your life. Therefore, it is critical that you to give your theft charge the level of importance it deserves.
The Columbus check fraud attorneys with LHA take a two pronged approach to all passing bad checks cases. First and foremost, we will figure out what mistakes the police or detectives made and what legal issues can be raised on your behalf.
We do this by requesting discovery from the prosecutor. The discovery will generally consist of police reports, additional investigative notes, video surveillance and recorded interviews.
Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will seek a favorable plea with the prosecutor for you to consider in resolving your case.
If your case cannot be resolved satisfactorily with a plea, it would then proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.
The second approach taken by your Columbus check fraud lawyer is to identify whether you have a substance abuse problem. If so and that was a factor in your commission of the passing bad checks offense, we will try to negotiate your admittance into a treatment program in lieu of jail, prison or potentially a conviction in your case.
For over a decade, the Columbus check fraud lawyers with Luftman, Heck and Associates have successfully represented clients charged with passing bad checks. That extensive previous experience will enable us to better help you.
Trust the Columbus Attorneys with LHA to Protect You Today. Call Now!
If you’ve been charged with passing bad checks, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced Columbus bad checks lawyer to fight for you in court, please contact us at (614) 500-3836 or via email at [email protected].
Penalties for Check Fraud
Value of the checks: Less than $1,000
- A jail sentence of up to 180 days
- In its place, your judge may sentence you to probation or other community control punishments
- At most, a fine of $1,000
Value of the checks: $1,000 to $7,499
- A prison term of six months to one year
- In its place, your judge may sentence you to probation or other community control punishments
- At most, a fine of $2,500
Value of the checks: $7,500 to $149,999
- A prison term of six to 18 months
- In its place, your judge may sentence you to probation or other community control punishments
- At most, a fine of $5,000
Value of the checks: $150,000 or more
- A prison term of nine months to three years
Frequently Asked Questions
Will I face jail time for Passing Bad Checks?
Each subsequent time you are charged with Passing Bad Checks, it increases your chance of receiving jail time.
If my case is pled to a lesser offense or dismissed, is my record safe?
What do I need to do to protect my record?
Your criminal record should then be cleared.
Resources
For over a decade, the Columbus criminal defense attorneys at LHA have successfully represented clients on criminal offenses ranging from minor misdemeanors to first degree felonies. That extensive previous experience will enable us to better help you.
Talk to a Columbus Check Fraud Attorney Today
If you have any questions about the material or if you need an experienced, competent attorney, call the Columbus criminal defense attorneys at Luftman, Heck & Associates at (614) 500-3836.