In today’s digital age, checks might seem like a relic of the past, but they remain a common form of payment in many transactions. At Shepard Law, we understand that financial difficulties can sometimes lead to mistakes or desperate measures. However, knowingly passing a bad check in Maryland is a serious offense with potentially severe consequences. In this blog post, we’ll explore what constitutes passing a bad check, the legal implications, and what to do if you’re facing charges.
What Constitutes a Bad Check in Maryland?
Under Maryland law, a bad check is essentially a check written when the drawer knows there are insufficient funds in the account to cover it. This includes checks written on accounts that have been closed or where the drawer has insufficient funds to cover the check and other outstanding checks. It’s important to note that the law focuses on the intent at the time the check was issued or passed, not on whether the check eventually clears.
The Element of Knowledge
One crucial aspect of this offense is the element of knowledge. To be convicted of passing a bad check, prosecutors must prove that you knew there were insufficient funds to cover the check when you issued or passed it. Maryland law presumes this knowledge in certain circumstances, such as when the drawer had no account with the drawee when issuing the check, or when the check was presented within 30 days of issuance and there were insufficient funds both at the time of issuing and presentment.
Types of Bad Check Offenses
Maryland law outlines several scenarios that constitute bad check offenses. These include issuing a check knowing there are insufficient funds, issuing a check with the intent to stop payment, and passing a check knowing it will be dishonored. The law also covers situations where checks are issued for services provided by employees or independent contractors, and subsequently passed to third parties.
Presumptions in Bad Check Cases
Maryland law establishes certain presumptions that can be used in bad check cases. For instance, if a check is dishonored and was presented within 30 days of issuance, there’s a presumption that the drawer intended or believed the check would be dishonored. Similarly, stopping payment on a check without returning the property obtained is presumptive evidence of intent to defraud.
Penalties for Passing a Bad Check
The severity of the penalties for passing a bad check in Maryland depends on the value of the property or services obtained. For amounts less than $100, it’s a misdemeanor punishable by up to 90 days imprisonment and a fine not exceeding $500. For values between $100 and $1,500, the potential imprisonment increases to 1 year. When the value is $1,500 or more, the offense becomes a felony with more severe penalties. The most serious cases, where the value exceeds $100,000, can result in up to 20 years in prison and a fine of up to $25,000.
Multiple Bad Check Check Violations
The law also addresses situations involving multiple bad checks. If a person issues more than one bad check to the same person within a 30-day period, each for at least $1,500 but less than $25,000, and the cumulative value is at least $1,500 but less than $25,000, it’s treated as a felony punishable by up to 5 years imprisonment and a $10,000 fine.
Defenses Against Bad Check Charges
If you’re facing charges for passing a bad check, several defenses may be available. These could include lack of intent to defraud, mistaken belief that funds were available, or issues with the check recipient’s actions in processing the check. An experienced criminal defense lawyer can help evaluate the specifics of your case and determine the most appropriate defense strategy.
At Shepard Law, we understand that financial mistakes can happen to anyone. If you’re facing charges related to passing a bad check, it’s essential to seek an experienced criminal defense attorney. Our team can help you understand the charges against you, explore possible defenses, and work towards the best possible outcome for your case.
Passing a bad check, whether intentionally or by mistake, can have serious legal and financial consequences in Maryland. If you find yourself facing such charges, remember that you have rights and options. At Shepard Law, we’re committed to providing robust, knowledgeable defense for our clients facing bad check charges.
Don’t let a bad check charge jeopardize your future. Contact Shepard Law today at (410) 648-4008 for a confidential, free consultation. Our experienced criminal defense attorney is ready to listen to your case, explain your options, and help you navigate this challenging situation. At Shepard Law, we’re dedicated to protecting your rights and working towards the best possible resolution for your case.
Learn More: Baltimore County, Maryland Passing Bad Check Lawyer
