Issuing a Bad Check

What the prosecutor must prove

• The accused issued or passed a check.
• The accused knew there were insufficient funds and intended or believed payment would be refused.
• Payment was refused by the bank.

Defenses that commonly apply

• Payment of the check within 10 days of dishonor can create a presumption issue in the defense's favor (PL 190.15).
• Banking errors and lack of knowledge.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to Up to $500 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.