What You Can Expect From a False ID Charge in Hamilton County

Posted on September 28, 2022 by admin

False ID charges in Hamilton County, Indiana, whether you were arrested in Noblesville, Fishers, or Carmel, are serious criminal matters that require the astute knowledge and experience of a criminal defense lawyer. Continue below to learn what you can expect from a false identification criminal charge in Hamilton County, plus how to build a strong and impactful case against your charges in order to obtain the best possible outcome in court.

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Fake ID Charges in Hamilton County Indiana

Many people think of fake IDs as a laughable, excusable, and minor infraction, partly due to their prevalence among adolescents and minors under the age of twenty-one years old. Many people have had experience with a false identification or drivers’ license at one point in their life, especially in college. However, the truth surrounding fake IDs is bleaker than most imagine. False ID charges, particularly in Hamilton County, are very serious. They can lead to some long-lasting consequences that affect a person’s overall quality of life. Such consequences can even carry on into adulthood for those charged with or convicted of possessing or using a false ID as a juvenile.

A False ID is a Misdemeanor Offense in Indiana

The consequences for being charged and convicted of having a fake ID is dependent on whether that identification was used to buy and consume alcohol or not. For anyone who uses a fake ID to buy and/or consume alcohol, they will face more serious consequences if caught. This offense would be charged as a Class C Misdemeanor in Indiana. If convicted, the individual would face several penalties, including 60 days in jail, one year driver’s license suspension, a $500 fine, and permanent marks on their driving record.

Fair warning, a person does not have to possess and use an actual fake identification card, such as a state ID or driver’s license, in order to be charged with a fake ID offense. For instance, if someone under the age of twenty-one years old enters a bar and orders a drink claiming to be of age, they can be arrested on false ID charge for unlawfully misrepresenting their age.

How to Fight a Fake ID Charge in Hamilton County

The best weapon against a fake ID charge in Hamilton County, Indiana, is a private criminal defense attorney who specializes in fraud and forgery charges. Attorney David E. Lewis can get you the best possible outcome in court after being charged with a false ID crime in Indiana. He also specializes in underage offenses and juvenile defense.

Are you or your minor child facing criminal charges for having or using a fake ID in Hamilton County? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

What You Need to Know About Indiana Tax Fraud

Posted on April 14, 2022 by admin

If you are a small business owner who is preparing to file your company’s tax return, you have until tomorrow to do so. If you are an individual filing your personal tax returns, you have until Monday, April 18th. Either way, it is important to protect yourself against tax errors because you do not want to mistakenly be charged with tax fraud.

Continue reading to learn what you need to know about Indiana tax fraud before Tax Day is upon us this year, plus who to trust for aggressive legal defense if ultimately indicted on any type of white-collar criminal charge.

Tax Fraud Lawyer Indianapolis Indiana 317-636-7514

Important Tax Fraud Facts

Tax fraud is also known as tax evasion. A person can be indicted and charged with tax evasion if they intentionally or knowingly neglect to file their taxes, pay their taxes in full, or provide dishonest data (or omit required data) on their returns for the purpose of evading payment. In order to be convicted of tax evasion, the IRS must prove that you deliberately and knowingly demonstrated one of these fore-mentioned acts.

Most Common Types of Tax Fraud Crimes:

▷ Under Reporting Income
▷ Falsifying Tax Return Data (inflating business expenses, overstating size of household, etc.)
▷ Underpaying Taxes
▷Not Paying Taxes
▷ Deceiving the Department of Revenue (DOR)
▷ Misrepresenting Economic Circumstances

Indiana Tax Fraud Penalties Upon Conviction:

Those who are convicted of Indiana tax fraud will be sentenced depending on the severity of their crimes. Penalties range from jail and prison time to fines, restitution, loss of certain freedoms, and more. Most Indiana tax fraud convictions are sentenced as Class A misdemeanors or Level 6 felonies.

▷ Level 6 Felony = Six Months to 2 ½ Years in County Jail – Fines up to $10,000

▷ Class A Misdemeanor = Up to 12 Months in County Jail – Fines up to $5,000

Tax Errors Do Not Make You a Criminal

If you mistakenly underpaid your taxes, provided incorrect information on your return, or forgot to file your tax return altogether, you are not committing a crime of fraud. In such cases, you would simply need to contact the proper IRS authorities and notify them of your mistake. From there, they will give you the instructions you need to follow to correct your error. You will likely have to pay a small penalty fee, generally $100 to $300.

Are you looking for qualified criminal defense that can reduce or dismiss your white collar crime or fraud charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an Indianapolis fraud crime lawyer you can trust. We represent all white collar crime cases in Indiana.

Top 4 Ways to Avoid Bankruptcy Fraud

Posted on January 7, 2022 by admin

Most criminals know they are committing a crime or participating in illegal activity, but there are others who unintentionally or inadvertently break the law. Bankruptcy fraud is one of the most common types of crimes that are committed unbeknownst to the one filing. If you are preparing to file for bankruptcy or see bankruptcy as a potential in your financial future, it is important to ensure that you are following all guidelines and meeting all legal expectations during the process.

Continue reading to learn the top four ways to avoid bankruptcy fraud and who to call if you are currently facing such charges or similar white-collar criminal charges in Indiana.

Bankruptcy Fraud Lawyers Indiana 317-636-7514 — Bankruptcy Fraud Lawyers Indianapolis Indiana 317-636-7514

Bankruptcy Fraud is a Federal Offense

In all states, bankruptcy fraud is categorized as a white-collar crime. White-collar crimes are felony offenses that tend to render more serious convictions and harsher penalties, including jail time and heavy fines. If convicted of bankruptcy fraud, one will face up to five years in jail and up to $250,000 in fines.

To mitigate such fraud, case trustees are appointed by the court to confirm the veracity of the filer’s bankruptcy. If you are filing for bankruptcy, a bankruptcy trustee will inquire about your case by reviewing your assets, asking you questions about your financial history, and more.

Bankruptcy trustees are put through a concentrated training program, giving them the acute acumen and skills to identify inconsistencies and suspicious activities among one’s bankruptcy filings. For this reason, it is important to protect yourself from mistakenly committing bankruptcy fraud by doing your research.

Although it’s not expected of you to understand all of the complexities of such legal processes, as someone filing for bankruptcy, the law holds you responsible for any egregious mistakes you might make. Therefore, it is important to uphold your duty by educating yourself on how to file for bankruptcy correctly and within legal guidelines.

How to Prevent Bankruptcy Fraud

Fortunately, there are plenty of ways you can prevent committing the crime of bankruptcy fraud. Hiring a bankruptcy attorney is a great way to ensure that all of your paperwork in filings are correct. For now, start with these top four tips on how to avoid bankruptcy mistakes that can lead to white-collar criminal charges:

❶ DO NOT PROVIDE FALSE INFORMATION ON YOUR BANKRUPTCY FORMS

When filling out your bankruptcy filing forms, be sure you are being 100% honest. Providing misleading or untrue information on your bankruptcy forms can lead to case trustees to believe you are attempting to commit fraud. If you accidentally forget to include something in your disclosure, your best recourse is to contact the trustee or your bankruptcy attorney right away to amend the error. This will show your case trustee that you are not attempting to mislead the court.

❷ DO NOT HIDE ASSETS

You will be subjected to an asset investigation when filing for bankruptcy. If you attempt to hide nonexempt assets from your case trustee or relevant creditors, you could be denied bankruptcy or even charged with fraud. This includes transferring assets around to friends and family to keep them concealed. Examples of such assets include watercrafts, vehicles, properties, land, stock, IRA accounts, overseas bank accounts, and similar holdings that can be liquidated to cash.

❸ DO NOT FILE FOR BANKRUPTCY NUMEROUS TIMES IN OTHER STATES

A person who files for bankruptcy multiple times in different places can be arrested and charged with bankruptcy fraud. Because a person or business should not have to file for bankruptcy more than once within a long period of time, multiple filings tend to be a red flag among court-appointed bankruptcy trustees.

❹ NEVER ATTEMPT TO BRIBE A BANKRUPTCY TRUSTEE

Just like bribing a police officer or magistrate of the court, bribing a bankruptcy or court-appointed case trustee is considered bad practice, and may lead to charges of bankruptcy fraud upon further investigation. Bribery is taken very seriously by the courts.

Are you currently facing criminal charges for bankruptcy fraud in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive criminal defense for white-collar criminal charges in Indianapolis, Indiana. We represent adults, minors, and juveniles all across the state.

Can I Get Arrested for Threatening Someone?

Posted on December 23, 2021 by admin

We are likely all guilty of making threats from time to time. But threatening to run away from home or quit a job is a lot different than the type of threat that intimidates or harasses another. This type of threat is illegal. If you are wondering whether you could get arrested for threatening someone, the answer is, yes.

Continue reading to learn what constitutes an illegal threat, what penalties one may face if charged, and how to beat your criminal charges if arrested for the same offense in Indiana.

Extortion Lawyer Indianapolis Indiana 317-636-7514

Indiana Laws on Harassment and Intimidation

Here in Indiana, if you threaten somebody, you are breaking the law, even if you never make physical contact with them. The act of threatening somebody can be described as remarks or statements that intimidates or places another person in fear. The actual law surrounding these types of offenses are incredibly complex and require the consultation and guidance of an Indianapolis criminal defense lawyer. You can read the extent of these laws by reviewing IC 35-45-2-1 and IC 35-45-2-2.

Harassment

There are some legal differences between harassment and intimidation. Harassment generally consists of behaviors that pester, bully, alarm, or aggravate another. Examples of harassment include prank phone calls, as well as excessive, unwanted, or obscene text messaging, phone calls, voicemails, emails, and appearing at one’s place of employment or learning institution.

Intimidation

Intimidation can be described as forcing someone to do something against their will, such as deliver an advantage, pay up money, or turnover property. Acts of intimidation communicate a threat that places a person in fear of retaliation or harm, whether physical or economic. In Indiana, intimidation is charged as a Class A misdemeanor, but in more serious circumstances, it could be charged as a Level 6 Felony.

Intimidation can be charged as a level 6 felony if it involves a police officer, school employee, church staff member, probation department employee, community corrections department employee, hospital employee, or even a witness in a pending criminal case. Upon conviction, a defendant can be sentenced up to two and half years in jail. Intimidation by use of a deadly weapon Is charged as a level 5 felony which is punishable by up to 6 years in jail.

Extortion

One of the most serious kinds of legal threats in the criminal justice world is extortion, which is a felony charge no matter where you are in the United States. If you threaten or intimidate somebody for the purpose of gaining property, advantage, or money, you are committing the crime is extortion. One example of extortion is blackmail.

Do you want to avoid the maximum penalties for your intimidation charges in Indiana? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.

Frequently Asked Questions About Welfare Fraud

Posted on May 28, 2021 by admin

What is welfare? Welfare is a form of government assistance, and provides public relief and benefits to those in need. The government looks at age, income, financial status, disabilities, and other infirmities to verify if a person qualifies for welfare programs. Federal welfare programs are administered by the state, and paid for out of public reserves funded by tax revenues.

If you or someone you love was recently arrested or indicted on welfare fraud charges or disability fraud charges here in Indiana, you need to educate yourself on the facts and obtain legal assistance right away. Continue reading to review some of the most frequently asked questions about welfare fraud, including how to get started on protecting your rights and preserving your freedoms.

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Welfare Fraud FAQS You Need to Know

Which Welfare Programs are Available?

Examples of welfare-related programs include Supplement Nutrition Assistance Program (SNAP), Aid to Families with Dependent Children (AFDC), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (social security), Medicaid, and more. These programs offer relief and benefits in the form of food stamps, cash, utility assistance, childcare, medical care, and more.

What is Welfare Fraud?

When a person takes advantage of these programs by filing false information in order to qualify for governmental assistance, it is called welfare fraud. And it is a serious theft crime. For example, a woman was sentenced to 8 years in a federal prison after being found guilty of welfare fraud. She used at least 7 different identities and claimed over 30 children, ultimately collecting over $200,000 in welfare checks and over $50,000 in food stamps!

What are Welfare Crimes?

Welfare fraud is a broad crime category containing many forms of welfare crimes. Disability fraud, social security fraud, and unemployment fraud all fall under welfare fraud. Criminals use false identities, claim non-existent dependents, and file documents with falsified information to qualify for government assistance programs.

What are Some Examples of Committing a Welfare Crime?

▷ False reporting of income or employment.
▷ Claiming fake dependents.
▷ Lying about number of occupants in home.
▷ Reporting that a parent does not live at the house when they do.
▷ Neglecting to obey terms of probation while on welfare assistance.
▷ Lying or hiding drug-related convictions or felony arrests on applications.
▷ Hiding or lying about personal assets.
▷ Using false identities to receive multiple benefits.
▷ Failing to disclose additional assistance programs being used.

What is Welfare Disability Fraud?

If you knowingly lie about your need for or entitlement to governmental assistance, or use your loved one’s government assistance knowing they lied to qualify, you are engaging in welfare/disability fraud. It is important to hire a seasoned criminal defense attorney to protect your rights and preserve your freedoms if you believe you may have committed welfare fraud. Making mistakes is part of being human; it is how you manage them that matters.

What Should I Do if I Was Just Arrested for Welfare Fraud in Indiana?

If you are under investigation for public assistance fraud, or have already been charged, it is vital to your future to call criminal defense attorney, David E. Lewis, for tough and aggressive representation. He will develop a strong and impactful defense based on your specific circumstance, challenge all the evidence brought against you, and resolve your case in a way that is the most favorable for you.

Ready to get started? Contact us directly at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense against your state or federal welfare fraud charges.

You Should Also Read:

What Constitutes Credit Card Fraud?
What is Bankruptcy Fraud?
Choose David E. Lewis, Attorney at Law, to Fight Fraud Charges in Indiana

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Will I Be Arrested for Writing a Bad Check?

Posted on December 21, 2020 by admin

When a person writes a check and presents it to a bank or merchant, and does so knowing that their bank account cannot cover it, they are committing a crime called check fraud. Passing a bad check can be defended in court by claiming “you did not know” if the state cannot prove intent. This is because passing a bad check is sometimes unintentional, and rather, a result of poor or irresponsible banking practice. On the other hand, there are countless cases of intentional check fraud, ranging from petty to white collar.

What happens to a person who knowingly writes a bad check? Continue reading to find out.

Intentional and Knowing

In order for a person to be convicted of check fraud, the state must prove that the defendant wrote and submitted the check knowing that there was not enough money in the account to cover the amount. This court standard is called “intentional and knowing”, and it is the primary element to every check fraud case. If a person is simply bad at balancing their check book, it is possible that they did not knowingly write a bad check.

In this case, the state could not prove intent, so the court could not convict the defendant of check crime. However, the defendant can still be held liable in civil court for any bad checks written. In civil court, they can be ordered to pay restitution to the merchant that received the bad check. Not paying back restitution could lead to more lawsuits and poor credit scores.

What to Do if You Write a Bad Check

If you accidentally write a bad check, you must resolve the situation immediately in order to show you are not trying to defraud anyone. This means paying back the bank for any overdrafts and associated fees, or paying back the merchant who cashed the check. In these cases, time is of the essence, so be sure to act fast. Even a phone call to notify the merchant can help avoid criminal charges from being filed.

Intentional Check Fraud

If you intentionally wrote a bad check, it is not likely that the police will come knocking at your door to arrest you. Instead, the state will issue an arrest warrant and you will need to surrender to the jail and then post bail. If you are worried about being arrested or caught, you need to speak with a licensed criminal defense lawyer right away. They can help you develop a plan that best protects your rights and prevents the maximum penalties for your charges.

Here in Indiana, bank fraud is generally charged as a Level 6 Felony. This is punishable by up to 3 years in prison, up to $10,000 in fines, and several other court-ordered penalties.

How to Beat Your Indiana Bank Fraud Charges

Call David E. Lewis, Attorney at Law, at 317-636-7514 right away if you are facing criminal charges for bank fraud in Indiana. Our skilled criminal defense lawyers retain decades of trial and litigation experience in criminal law and will get to work the very same day you hire us. We will instantly begin investigating your case and building a powerful defense on your behalf. And if we must, we will take your case to trial if we have to, and challenge any evidence brought against you in an effort to obtain the most favorable resolution possible. Schedule a free consultation to discuss your legal options today.

FAQS About Bankruptcy Fraud in Indiana

Posted on November 6, 2020 by admin

If you are planning to file bankruptcy in Indiana, be prepared to be investigated to a certain extent. That is because white collar crimes like fraud are all too common in bankruptcy filings, and must be prevented through comprehensive scrutiny. For this reason, bankruptcy petitioners are assigned a trustee who will look into their financial circumstances, including all assets, liens, loans, and more.

If you suspect that your recent bankruptcy filing might have been done incorrectly, and are now worried that you could be indicted for bankruptcy fraud, review these frequently asked questions to help clear up any confusion you might have.

Indiana Bankruptcy Fraud Attorney — A law book with a gavel – Bankruptcy law

What is Bankruptcy Fraud?

Bankruptcy fraud is a type of white collar crime that is penalized on a federal level, meaning it is a felony. Bankruptcy fraud occurs if a debtor A) hides their assets, B) lies or gives false information on their application, C) bribes a bankruptcy trustee, or D) is a habitual filer, and has filed many times in other counties. The most common action that leads filers to be charged with bankruptcy fraud is concealing, or transferring for the purpose of hiding, non-exempt assets from creditors or a trustee.

Will I Go to Jail if I Hide Assets During Bankruptcy Filing?

After a person is suspected by a trustee that they are hiding assets, or transferring them so they stay hidden, the trustee will begin to collect all evidence. From there, a civil lawsuit is filed against the person. Additionally, the person can lose their ability to file bankruptcy. In cases of more serious Bankruptcy Fraud, a person might be criminally charged by the U.S. Justice Department and the U.S. Attorney General’s office. If convicted, they can be ordered to pay up to $250,000 fines and spend up to 5 years in prison.

What Will Happen to Me if I Forgot to Include Something in My Bankruptcy Disclosure?

Because the process of filing bankruptcy is serious, it is important to do so with the help of a civil attorney. They will make sure all filings are done comprehensively and correctly. If you did yours on your own, but now fear that you forgot to add something, now would be the time to hire a civil lawyer for help with your application. They can set things straight for you in no time.

What Should I Do if I Am Charged With Bankruptcy Fraud in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana bankruptcy fraud charges, today. Whether charged with fraud crimes or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

What is Bankruptcy Fraud?

Posted on August 26, 2020 by admin

Bankruptcy is a type of legal protection for those who have no other choice but to start fresh, financially. The objective of Chapter 7 bankruptcy is to liquidate non-exempt assets and sort out as much debt as possible. However, the process of filing for bankruptcy can be complex, especially for those who are not keen to legal jargon and procedure. For this reason, many people are simply afraid to file bankruptcy out of fear that they might make a mistake and be audited for fraud. In fact, professional bankers recommend hiring an attorney to file for bankruptcy for the sole purpose of avoiding devastating errors that can lead to legal troubles.

But not to worry; unintentional bankruptcy fraud is not even fraud. It’s common error that can be resolved. If you make a mistake during the filing process, you will simply be informed and redirected. However, deliberate bankruptcy fraud is another situation; one that comes with serious legal penalties.

Continue reading to learn what constitutes bankruptcy fraud, as well as, the standard penalties for being convicted in Indiana.

Indiana Bankruptcy Fraud Lawyer 317-636-7514

Bankruptcy Fraud is a White Collar Crime

Bankruptcy fraud falls under white collar crimes, which entails federal-level offenses typically dealing with large amounts of money. When a person illegally drains the revenue and profits of a business or local economy, they have committed a white collar offense. Accordingly, a person commits bankruptcy fraud by knowingly and intentionally hiding or altering information for the purpose of gaining a financial advantage. More specifically, bankruptcy fraud occurs if an applicant purposefully hides assets, secretly transfers assets to conceal them, gives false information, bribes court-appointed trustees, files multiple times in different courts, or all a combination of the above.

Most Common Types of Bankruptcy Fraud Crimes in Indiana:

➧ Providing False Information on Documents

➧ Hiding Assets from Liquidation

➧ Attorney Filing Incorrect Paperwork on Behalf of Client

➧ Intentional Discrepancies on Bankruptcy Petition

➧ Transferring Real Estate, Money, or Assets to Family Members

➧ Filing Multiple Cases in Separate States

➧ Using Stolen Social Security Numbers

➧ Filing a False Claim

➧ Destroying or Concealing Financial Records

➧ Giving or Accepting a Bribe

➧ Foreclosure Scams

State and Federal Bankruptcy Fraud Laws

Because it is a federal offense, if you are charged with bankruptcy fraud, you will face some serious penalties if found guilty. The common consequences are denial of bankruptcy, large fines, and of course, a criminal record. Here in Indiana, bankruptcy fraud is charged as a Level 5 Felony, which is punishable by up to 6 years in prison and $10,000 in fines. More serious crimes can be punished by up to 20 years in prison and $250,000 in fines.

Who to Trust for Skilled Federal Criminal Defense in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a federal crime in Indianapolis, or within the Central Indiana counties. Our law firm offers aggressive and experienced criminal defense for anyone facing bankruptcy fraud charges or white collar crime charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Can I Get Arrested For Not Paying My Taxes?

Posted on April 10, 2020 by admin

Tax Day is soon approaching, whether you are ready for it or not. Fortunately, with the recent government extensions granted to United States citizens, you will likely be well-prepared to pay your dues. But what happens to those who do not? After all, the old saying, “the only two things promised in life are death and taxes” is an adage for a reason. There are various consequences for failing to pay state and federal taxes, and similarly, consequences for lying on tax documents.

Continue reading to learn the laws surrounding tax crimes, including what to do if you have legal questions regarding your tax situation.

State and Federal Tax Fraud in Indiana

Intentionally not paying or under-paying your taxes, whether state, federal, or both, is a white collar crime in Indiana. Referred to as tax fraud or tax evasion, it is generally charged as a Class A Misdemeanor or Level 6 Felony.

⏩ Class A Misdemeanor – Up to 1 year in jail, with no advisory sentence. Fines up to $5,000, not including court or lawyer fees.

⏩ Level 6 Felony – Six Months to 2.5 years in jail, with an average of 1 year. Fines up to $10,000, not including court or lawyer fees.

Made Some Mistakes on Your Tax Documents?

Do not worry if you unknowingly made some errors on your tax documents. Tax mistakes are not considered tax fraud unless they are egregious or intentional.

Lying on Tax Forms

Often referred to as “cooking the books” in old gangster movies, lying on tax forms for the purpose of evading dues, defrauding the state, or receiving pecuniary benefits, is a very serious white collar tax fraud crime. It is charged as a Level 6 Felony, which is penalized by six months to 2.5 years in jail, with an advisory sentence of 1 year, and fines up to $10,000, not including court or lawyer fees.

Restitution or Jail?

In minor cases, or cases of first time offenders, courts might agree to do away with jail time if a defendant pays back the money they owe, plus any fees tacked on for late payment. Paying back taxes is referred to as restitution, and it is a common plea deal awarded in court. In order to be given the option of restitution over jail time, you must have a skilled criminal defense lawyer working your case. Otherwise, you are subjected to being sentenced to the maximum penalties for your crime.

Trust an Experienced Indiana Fraud Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana fraud charges, today. Whether charged with fraud or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

Will I Go to Jail for Writing a Bad Check?

Posted on October 18, 2019 by admin

When someone uses a checking account to pay for something, but they have insufficient funds in the account they are paying with, it is referred to as writing a bad check, or bouncing a check. But under state and federal law, it is called check fraud. There are various reasons why a person might write a bad check, both knowingly and unknowingly. In tough times, someone might write a bad check for something they know it won’t cover because it’s simply their only option to get by. Others might accidentally write a bad check due to innocent accounting errors.

Regardless of why a person writes a bad check, penalties can be at play if restitution is never made. Such penalties can include arrest, criminal charges, fines, probation, reimbursement, community service, and perhaps even jail.

Continue reading to learn more about check fraud laws in Indiana, and what you need to do to ensure your rights are protected following an arrest.

Indianapolis Check Fraud Lawyer 317-636-7514

Writing a Bad Check

If you write a bad check, the penalties you face will depend on the circumstances of the incident. For instance, if you write a bad check for your car payment, your leaser will contact you and ask for an alternative form of payment. If you cannot make that payment, your car might be repossessed until you can. The more time you take to satisfy this payment, the more fees will add up. If you never make the car payment, the company can sue you in civil court for recompense. Furthermore, you would be flagged as a high-risk leasee, and will have trouble leasing other cars in the future.

This same scenario is likely to apply to all retailers, vendors, and municipal companies. In most cases, the party being paid will just contact you and ask for a new payment; and if you neglect to satisfy the debt, you can face being sued by them in civil court. In some states, the law permits plaintiffs to sue for up to three times the amount of the original check.

In cases that a person crosses the line into a more serious type of fraudulent bank activity, the situation can turn into a criminal matter. In fact, such cases can render both civil and criminal repercussions.

Check Fraud

Check fraud, also referred to as debit card fraud or bank fraud, is a different type of illegal check-writing activity. Under Indiana law, it is considered an act of check fraud when a person intentionally defrauds or deceives another party by writing a check knowing there aren’t sufficient funds to cover the amount on the check, and as a result, that the check is rejected when presented to the bank.

Fraud crimes are charged as either misdemeanors or Level 6 felonies, depending on the particulars of a person’s case. In Indiana, bank fraud is generally charged as a Level 6 Felony, which comes with 6 months to two and half years in jail, up to $10,000 in fines, and several court orders, such as restitution, community service and probation.

In order for a bank fraud charge to turn into a conviction, two facts must be proven beyond a reasonable doubt:

☛ The defendant knowingly carried out a scheme to defraud a bank or other financial institution

☛ The defendant knowingly carried out a scheme to gain financial assets in the possession of a bank or other financial institution.

Are You Facing Fraud Charges in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 for to speak with a seasoned Indianapolis criminal defense lawyer about your bank fraud charges in Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!