Virginia Defense of Bad Check and Check Fraud Cases
Serving Fairfax County, Loudoun County, Prince William County, Arlington County, Alexandria, and Northern Virginia
Issuing or writing bad checks (checks with insufficient funds) can be a misdemeanor or felony offense in the Commonwealth of Virginia depending on the level of alleged fraud. Offenses involving less than $200 in fraud are misdemeanors while those offenses involving $200 or more of fraud are a felony. Issuing or writing bad checks can be charged a number of ways in Virginia, including the following:
• Va. Code §18.2-181 - Issuing bad checks, etc., larceny
• Va. Code §18.2-181.1 - Issuance of bad checks
• Va. Code §18.2-182 - Issuing bad checks on behalf of business firm or corporation in payment of wages
• Va. Code §18.2-182.1 - Issuing bad checks in payment of taxes
Given the seriousness of these crimes, anyone charged with issuing a bad check needs to consult with a lawyer that has not only previously handled such cases, but that has the judgment, skill, and reputation to obtain the best possible resolution of the matter.
Manikas Law LLC will ensure that the charges against you are fully investigated, all evidence is obtained, and all witnesses are interviewed. In these cases, witness testimony and facts are crucial. Our firm performs sound analysis of all evidence and possesses essential trial strategies to provide you with the best possible defense.
To discuss your case with Kyle G. Manikas, a former prosecutor, or to schedule a free consultation, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
What Must the Prosecutor Prove to Get a Conviction for Issuing a Bad Check?
The basic code section used to prosecute bad check cases is Va. Code 18.2-181. This code section provides that any person who, with intent to defraud, makes, draws, utters, or delivers any check, knowing at the time that there are not sufficient funds in the account for the payment of the check is guilty of larceny. If the check has a face value of $200 or more, the accused will be charged with a Class 6 felony. In cases where the face value of the check is less than $200, the accused will be charged with a Class 1 misdemeanor.
Va. Code 18.2-181.1 is a statute that increases the penalty for repeat misdemeanor offenders. This code section provides that it is a Class 6 felony for any person, within a period of ninety days, to issue two or more checks, which have an aggregate represented value of $200 or more.
Defending Bad Check Cases
Bad check cases are very difficult to prove with a proper defense. The difficulty for the prosecution involves the need to prove or establish facts showing that the person that wrote the check knew at the time the check was written or delivered that there were insufficient funds in the account. Absent statements by the accused or incontrovertible evidence (such as proof that the account was closed by the accused prior to the time when the check was written) it can be very difficult for the prosecution to establish this element beyond a reasonable doubt.
To this end, Va. Code 18.2-183 provides that in any prosecution of a bad check case, the making, uttering, or delivery of a check which is refused because of lack of funds shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds unless the person that wrote the check pays the holder the amount due, with interest, within five days after receiving written notice that the has not been paid. However, this section also provides that this notice, to be effective, must be mailed by certified or registered mail, evidenced by return receipt, to the last known address of the person that wrote the check. It is important to note that even if this section is complied with, it is simply "prima facie" evidence that can be rebutted by evidence from the defendant. Given the technical nature of such a defense, it is critical that anyone charged with issuing a bad check have competent and experience defense counsel that has previously handled bad check cases.
What is the Penalty for Writing a Bad Check?
As noted above, issuing a bad check can be punished as a Class 1 misdemeanor or as a Class 6 felony depending on the face value of the check. If charged as a misdemeanor, the maximum penalty is 12 months in jail and a $2,500 fine. If charged as a felony, the maximum penalty is 5 years in jail and a $2,500 fine. Given the threshold between a felony and a misdemeanor can mean a 4 year difference in the maximum prison term, it is critical that any defense attorney fully explore any all defenses.
People often want to know, "What is the average jail time a person receives for a conviction of writing a bad check?" However, as with other offenses, the answer is highly case specific and cannot be generalized. The answer in any given case will depend on the Virginia Sentencing Guidelines, which take into account a person's prior criminal history, as well as a variety of other factors. A person with prior criminal convictions will receive more jail time than a person who has no prior criminal record. However, the Virginia Sentencing Guidelines are not mandatory guidelines. In other words, the judge is free to ignore the guidelines. If the crime is particularly egregious, the judge can impose additional jail time above and beyond what the guidelines recommend. Similarly, the judge can impose less jail time than the guideless recommend. Therefore, it is extremely important to have an experienced and respected defense attorney to defend and present your case.
Contact An Attorney Experienced in Handling Bad Check Cases
If you have been arrested for issuing a bad check or check fraud in Northern Virginia, contact a former prosecutor and experienced criminal defense lawyer at Manikas Law LLC. Kyle G. Manikas has substantial experience in handling bad check and check fraud cases.
To schedule a free consultation or to discuss your case by phone, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
For more general information about fraud offenses, review our Fraud and White Collar Crime page for additional information.
