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Theft Bad Checks

In Pennsylvania, it is a Theft crime to pass Bad Checks.  Theft Crimes like Bad Checks occur when an accused tries to pass checks as a form of payment. This offense is known as bad checks. Per title 18 section 4105(a)(1) of the Pennsylvania crimes code, a person commits an offense if he issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee. Per title 18 section 4105(a)(2), a person commits an offense if he, knowing that it will not be honored by the drawee, issues or passes a check or similar sight order for the payment of money when the drawee is located within this Commonwealth. Fraud A violation of this paragraph shall occur without regard to whether the location of the issuance or passing of the check or similar sight order is within or outside of this Commonwealth. It shall be no defense to a violation of this section that some or all of the acts constituting the offense occurred outside of this Commonwealth.

There are several presumptions that apply to the bad checks statute. An issuer is presumed to know that the check or order would not be paid if payment was refused because the issuer had no such account with the drawee at the time the check or order was issued; or payment was refused by the drawee for lack of funds, upon presentation within 30 days after issue, and the issuer failed to make good within ten days after receiving notice of that refusal. A check or order stamped "NSF" or "insufficient funds" shall raise a presumption that payment was refused by the drawee for lack of funds. A check or order stamped "account closed" or "no such account" or "counterfeit" shall raise a presumption that payment was refused by the drawee because the issuer had no such account with the drawee at the time the check or order was issued.

Bad checks is a serious offense and if you are found guilty you could face serious penalties. If you commit bad checks and the check or order is less than $200, you are committing a summary offense. If you are found guilty, you could face a possible penalty of up to 90 days imprisonment and/or fines up to $300. If the check or order is $200 or more but less than $500, it is a misdemeanor of the third degree. If you are found guilty, you could face a potential penalty of up to one year imprisonment and/or fines up to $2000. It is a misdemeanor of the second degree if the check or order is $500 or more but less than $1000. If you're found guilty, you face a possible penalty of up to two years imprisonment and/or fines up to $5000. It is a misdemeanor of the first degree if the check or order is $1000 or more but is less than $75000. If you're found guilty, you face a possible penalty of up to five years imprisonment and/or fines up to $10000. It is a felony of the third degree if the check or order is $75000 or more. If found guilty, you face a possible penalty of up to seven years imprisonment and/or fines up to $15000. False ID to law enforcement If the offense is your third or subsequent offense within a five-year period, it is a misdemeanor of the first degree, unless the amount is $75000 or more, then it is a felony of the third degree. In addition to potential jail time and fines, if you are found guilty you shall be ordered to reimburse the payee or such other party. If you or someone you know has been charged with bad checks, it is important to contact a criminal defense attorney as soon as possible. A criminal defense attorney will be able to assess the facts in your case and determine the best course of action to take on your case.​

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