{"id":1376,"date":"2019-10-18T09:30:52","date_gmt":"2019-10-18T09:30:52","guid":{"rendered":"https:\/\/www.delewislaw.com\/blog\/?p=1376"},"modified":"2019-10-16T19:39:29","modified_gmt":"2019-10-16T19:39:29","slug":"will-i-go-to-jail-for-writing-a-bad-check","status":"publish","type":"post","link":"https:\/\/www.delewislaw.com\/blog\/will-i-go-to-jail-for-writing-a-bad-check\/","title":{"rendered":"Will I Go to Jail for Writing a Bad Check?"},"content":{"rendered":"\n

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<\/em>, or bouncing a check<\/em>. But under state and federal law, it is called check fraud<\/em>. 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\u2019t cover because it\u2019s simply their only option to get by. Others might accidentally write a bad check due to innocent accounting errors. <\/p>\n\n\n\n

Regardless of why a person writes a bad check, penalties can\nbe at play if restitution is never made. Such penalties can include arrest,\ncriminal charges, fines, probation, reimbursement, community service, and\nperhaps even jail. <\/p>\n\n\n\n

Continue reading to learn more about check fraud laws in Indiana,\nand what you need to do to ensure your rights are protected following an\narrest.<\/h2>\n\n\n\n
\"Indianapolis
Indianapolis Check Fraud Lawyer 317-636-7514<\/figcaption><\/figure>\n\n\n\n

Writing a Bad Check<\/h1>\n\n\n\n

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

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

In cases that a person crosses the line into a more serious\ntype of fraudulent bank activity, the situation can turn into a criminal\nmatter. In fact, such cases can render both civil and criminal repercussions. <\/p>\n\n\n\n

Check Fraud<\/h1>\n\n\n\n

Check fraud, also referred to as debit card fraud<\/em> or bank\nfraud<\/em>, is a different type of illegal check-writing activity. Under Indiana\nlaw, it is considered an act of check fraud when a person intentionally defrauds\nor deceives another party by writing a check knowing there aren\u2019t sufficient\nfunds to cover the amount on the check, and as a result, that the check is\nrejected when presented to the bank.<\/p>\n\n\n\n

Fraud crimes are charged as either misdemeanors or Level 6 felonies, depending on the particulars of a person\u2019s 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. <\/p>\n\n\n\n

In order for a bank fraud charge to turn into a conviction, two facts must be proven beyond a reasonable doubt: <\/p>\n\n\n\n

\u261b The defendant knowingly carried out a scheme to defraud a bank or other financial institution<\/tt><\/p>\n\n\n\n

\u261b The defendant knowingly carried out a scheme to gain financial assets in the possession of a bank or other financial institution.<\/tt><\/p>\n\n\n\n

Are You Facing Fraud Charges in Indiana?<\/strong><\/h2>\n\n\n\n

Call David E. Lewis, Attorney at Law at 317-636-7514<\/strong> for to speak with a seasoned Indianapolis criminal defense lawyer about your bank fraud<\/a> 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!<\/p>\n\n\n\n

\"Indianapolis
Schedule a Free Consultation Today!<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

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 … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":1377,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,1,94,25],"tags":[864,862,863,6,594,865,860,859],"class_list":["post-1376","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-criminal-defense","category-criminal-law","category-felony-charges","category-fraud-crime-charges","tag-bank-fraud-laws","tag-bounced-check-penalties","tag-check-fraud-laws-indiana","tag-criminal-defense-lawyer-indianapolis","tag-fraud-charges-indiana","tag-fraud-lawyer-indianapolis","tag-writing-a-bad-check-illegal","tag-writing-a-bad-check-laws-indiana"],"_links":{"self":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1376","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1376"}],"version-history":[{"count":1,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1376\/revisions"}],"predecessor-version":[{"id":1378,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1376\/revisions\/1378"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media\/1377"}],"wp:attachment":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1376"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}