What Constitutes a Bad Check?

Bad checks, also known as non-sufficient fund (NSF) checks, rubber checks, and even bogus checks can be a serious problem for individuals that knowingly pass them. There are not only criminal penalties associated with writing these, but bad checks can lead to civil penalties as well. While it can be difficult for the prosecution to prove that you knowingly passed a bad check, that does not mean you are not at risk for fines or jail time if you continue to write them.

When NSF Checks are Not Bad

There are instances where writing an NSF check is not against the law. For example, if you write a postdated check to someone and that person or company knowingly accepts the postdated check aware that the funds are not available until the date of the check, you are not passing a bad check. Bad checks are those that are a draft drawn on a bank and payable on demand; therefore, you cannot be arrested or sued for a check that has been postdated.

Bad checks are considered fraud. As the party that has signed the check or a person that knowingly passed on a fraudulent check, you can be held criminally and civilly liable for the outcome of that check.

What If I Write an NSF Check As an Accident?

Sometimes accounting errors or omissions cause individuals to write bad checks. When you write a check to a person or company with the assumption that it will clear at the bank, it is not typically considered fraud. But, your actions following that bad check do. If you can prove that you worked to take care of the bad check after it has been declined from the bank, it is unlikely the company or individual will report you for fraud.

What are the Penalties for Writing Bad Checks in Nevada?

Nevada has several penalties for writing NSF checks – as long as it can be proven you knowingly passed the bad check. On a civil level, you will be required to pay the amount due (the original amount you wrote the check for plus any NSF fees that are applicable) and protest fees that are more than $100, but no more than $500.

When it comes to criminal penalties, you could face up to six months in county jail for knowingly passing bad checks in the state of Nevada. You can also face a $500 fine and in extreme cases, you could be imprisoned for as long as 10 years or be fined $10,000.

Arrested for Bad Checks? Contact an Attorney

If you have been arrested for fraud or accused of passing bad checks, speak with the attorneys at De Castroverde Law Group today. A Las Vegas criminal defense lawyer can assess your case and help limit the penalties you face in these types of cases. Contact us today to schedule your consultation by calling 702-222-9999 or fill out an online contact form with your fraud charge questions.