Bad Checks

Check bad

 Issuing Bad Checks

     The unfortunate scenario of writing a check on an account with insufficient funds is a common place occurrence.  However, if you make a "career" of issuing bad checks, you could face criminal prosecution.  RSA 638:4 codifies the offense of issuing bad checks.  

     The good news is that there is a safe harbor provision in the statute.  If you pay the amount of the check, together with all costs and protest fees, to the person to whom it was due, within 14 days after having received notice that payment was refused, you will be entitled to an affirmative defense.  An affirmative defense can be a complete defense to this crime, but the defendant has the burden of demonstrating that he has paid the delinquent bill with all applicable fees.  

     The classification of the offense depends of the face value of the dishonored check(s) in addition to the number of prior convictions.  For example, if you passed a bad check and the amount of the instrument exceeds $1500.00 dollars, you will be charged with a class A felony.  If the amount of the check is between $1000.00 dollars and $1500.00 dollars, you will be charged with a class B felony.  Any amount under $1000.00 dollars is punishable as a class A misdemeanor if you have a prior conviction for issuing bad checks within the past twelve months.  Finally, you could face felony prosecution if you have been previously convicted of an offense under this section and the aggregate value of multiple checks meets or exceeds the monetary threshold for a class A felony or a class B felony.  

      If you have been charged with an offense involving an allegation of issuing bad checks, please contact the Law Office of Chadwick-Fricano-Weber at 603-880-6100.  Our trained legal professionals will take the time to explore all applicable defenses and mitigating facts so that we can obtain the best possible result.