Keith Mack
Florida law prohibits criminal prosecution in cases where the recipient of a bad check has been notified or has reason to believe that the writer of the check has insufficient funds to ensure payment. However, writing a bad check or a worthless check in Florida can lead to serious criminal charges, including misdemeanor or felony charges, depending on the circumstances. The penalties for writing a worthless check in Florida vary based on the amount of the check and the circumstances surrounding the offense. If you or someone you know is facing a criminal charge for writing a worthless check in Florida, it is important to seek legal help as soon as possible to understand the potential defenses available and protect your future.
| Characteristics | Values |
|---|---|
| Crime | Worthless Check |
| Applicable Law | Florida Statute 832.05 |
| Criminal Offense | Yes |
| Prosecution Requirements | Defendant drew, made, uttered, issued, or delivered a check to obtain services, goods, or other things of value; Insufficient funds in the bank account; Defendant knew there were insufficient funds; Defendant knew there was no arrangement with the bank for payment |
| Penalties | Checks under $150: first-degree misdemeanor, up to 1 year in jail, probation, and fines up to $1,000; Checks over $150: third-degree felony, up to 5 years in prison, 5 years probation, and a fine of up to $5,000 |
| Defenses | Unaware of insufficient funds, bank error, post-dated checks with recipient's knowledge, restitution before charges |
| Diversion Program | Bad Check Diversion Program (BCDP) |
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What You'll Learn
Florida Statute 832.05
To prove the crime under Florida Statute 832.05(4), the prosecution must establish six elements beyond a reasonable doubt. Firstly, it must be shown that the defendant issued or delivered a check or other qualifying payment order. Secondly, the defendant did so to obtain services, goods, or other things of value. These goods or services must have some monetary value. Additionally, at the time of issuance, there were insufficient funds in the defendant's bank account, and the defendant was aware of this insufficiency. Finally, the defendant knew there was no arrangement with the bank for the payment of the check.
The penalties for violating Florida Statute 832.05 vary depending on the amount of the check. If the check is less than $150, it is typically classified as a first-degree misdemeanor, punishable by up to one year in jail, probation, and fines up to $1,000. On the other hand, if the check amount is $150 or more, the offense becomes a third-degree felony, with potential penalties of up to five years in prison, five years of probation, and a fine of up to $5,000. Repeat offenders or those involved in larger fraudulent schemes may face even harsher penalties.
It is important to note that no crime can be charged if the payee (the person receiving the check) knew or had reason to believe that the accused did not have sufficient funds to ensure payment. Additionally, Florida offers a Bad Check Diversion Program (BCDP) to obtain restitution and a service fee for the complainant without involving the criminal justice system. If the check writer complies with the BCDP, no further criminal action is taken. However, if they do not comply, the case may be referred for prosecution.
Florida takes worthless check cases seriously, and those facing allegations under Florida Statute 832.05 should seek legal assistance as soon as possible. With the right defense, individuals may be able to avoid harsh penalties and protect their records.
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Misdemeanour or felony charges
In Florida, writing a bad check or a "worthless check" can lead to serious criminal charges, including misdemeanour or felony charges. The penalties for writing a worthless check in Florida vary based on the amount of the check and the circumstances surrounding the offense.
If the check is for an amount less than $150, the offense is classified as a first-degree misdemeanor, punishable by up to 1 year in jail, probation, and fines up to $1,000. In such cases, the accused may be able to avoid harsh penalties and keep their record clean with the right defense.
On the other hand, if the check is for an amount of $150 or more, the offense is considered a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a fine of up to $5,000. Repeat offenders or those who write bad checks as part of a larger fraudulent scheme may face even steeper penalties, including harsher prison sentences.
It is important to note that no crime may be charged if the payee (the person receiving the check) knows, has been expressly notified, or has reason to believe that the accused did not have sufficient funds in their bank account to cover the payment. Additionally, the previous issuance of a bad check by the accused is insufficient to put the payee on notice.
To prove the crime of Worthless Check, the prosecution must establish beyond a reasonable doubt that the defendant issued a check knowing that there were insufficient funds in their account and did so to obtain goods, services, or other things of value.
Florida also has a Bad Check Diversion Program (BCDP) designed to obtain restitution and a service fee for the complainant without processing the case through the criminal justice system. If the check writer does not comply with the BCDP, the case may be referred for possible prosecution through standard channels.
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Defenses against bad checks charges
If you have been accused of writing a bad check in Florida, there are several possible defenses that an experienced criminal defense attorney may use to help you avoid conviction or minimize the penalties. Here are some potential strategies:
- Lack of Knowledge or Intent: The key element in Florida law is whether the writer knowingly issued a check they couldn't cover. If you were unaware that your account lacked sufficient funds due to poor financial management, financial stress, or an honest mistake, you may have a defense. Additionally, if you believed the funds would be available by the time the check was cashed, this could be a valid argument.
- Bank Error: In some cases, a bank error may result in insufficient funds in your account. If you can demonstrate that the bank failed to process a deposit or made an error in calculating your balance, this could serve as a defense.
- Post-Dated Checks: If the check was post-dated and the recipient cashed it before the specified date, you may have a valid defense under Florida law. However, it's important to ensure that the recipient was aware that the check was intended for a future transaction.
- Repayment or Restitution: Offering to repay the amount of the bad check, along with any associated bank fees or penalties, can sometimes help resolve the matter before charges are filed or result in reduced charges. Prosecutors may be willing to negotiate, especially if you have no prior criminal history.
- Recipient's Knowledge: If the recipient of the check knew or had reason to believe that you did not have sufficient funds to cover the check, this can be used as a defense. For example, if you notified the recipient that the check should not be cashed until a later date, they are considered to be on notice that there might be insufficient funds.
- Technical Defenses: There are also some technical defenses that may apply, such as the check being incompletely filled out, not bearing the required number of signatures, or not being deposited within a timely fashion.
While some of these defenses may be applicable in certain circumstances, it is important to note that the effectiveness of each defense will depend on the specific facts of your case. Consulting with a knowledgeable Florida criminal defense attorney can help you understand your rights and build the strongest possible defense strategy.
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Bad Checks Diversion Program
In Florida, writing a bad check or a "worthless check" can lead to serious criminal charges, including misdemeanor or felony charges, depending on the circumstances. However, the state also offers a Bad Checks Diversion Program (BCDP) as an alternative to the traditional criminal justice process.
The BCDP is a diversion program designed to obtain restitution and a service fee for the complainant without processing the case through the criminal justice system. The program is free for the complainant, as a processing fee is paid by the check writer to cover the costs of running the program. If the check writer does not comply with the BCDP, the case may be referred for prosecution through standard channels.
To be eligible for the BCDP, certain conditions must be met. Firstly, the check writer must be notified that the check has been dishonored due to insufficient funds or a closed account. Secondly, the person accepting the check must not have been expressly notified or had reason to believe that the check writer lacked sufficient funds to ensure payment. Additionally, the check must not have been post-dated or accepted with an agreement to hold it for future payment.
Once enrolled in the BCDP, the check writer is typically given a specified timeframe, such as 15 days, to pay restitution in full, including the amount of the check and any applicable service charges. If the check writer complies with the program's conditions, the case will be closed without further criminal action. However, if the check writer fails to comply, the case may be referred to the State Attorney's Office for possible prosecution.
It is important to note that the BCDP is not the only option for resolving bad check issues in Florida. In some cases, offering restitution (repaying the amount of the bad check) before charges are filed can help resolve the matter. Additionally, there are various defenses available under Florida law to contest or mitigate charges related to worthless checks. Seeking legal assistance from a defense attorney is crucial to understand one's rights and options in such situations.
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Statute of limitations
In Florida, writing a bad check or a "worthless check" can lead to serious criminal charges. The penalties for writing a worthless check in Florida vary based on the amount of the check and the circumstances surrounding the offense. If the check amount is less than $150, the offense is a first-degree misdemeanor, punishable by up to one year in jail, probation, and fines up to $1,000. If the check amount is $150 or more, the offense is a third-degree felony, punishable by up to five years in prison, five years of probation, and a fine of up to $5,000. Repeat offenders or those who write bad checks as part of a larger fraudulent scheme may face even harsher penalties.
The statute of limitations for processing a claim against the payor of a worthless check and bringing suit is an important consideration. The statute of limitations for checks received for merchandise or services is two years from the date of the check if the amount is less than $150, and three years from the date of the check if the amount is $150 or more. For checks received for rent or payment on an account or debt, the statute of limitations is two years from the date of the check, regardless of the amount. It is important to note that all worthless check complaints must be received no later than six months prior to the statute of limitations expiration.
In addition to the statute of limitations, there are other time-related factors to consider. For example, when a check is dishonored, the check writer must be sent written notice advising them that the check was not honored. The check writer then has 15 days from the date of the notice to pay restitution in full, including a service charge. If restitution is not paid within this 15-day period, the case may be referred to the State Attorney's Office for further action.
It is important to act promptly when dealing with bad checks in Florida, as the statute of limitations and other time constraints can impact the ability to pursue legal action. Seeking legal advice from a qualified attorney can help individuals navigate the specific circumstances and time limits associated with these types of cases.
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Frequently asked questions
A bad check, or "worthless check", is one that is written with the knowledge that there are insufficient funds in the bank account to cover the transaction.
The penalties for writing a bad check in Florida vary depending on the amount of the check. If the check is less than $150, it is considered a first-degree misdemeanor, punishable by up to one year in jail, probation, and fines up to $1,000. If the check is $150 or more, it is considered a third-degree felony, punishable by up to five years in prison, five years of probation, and a fine of up to $5,000.
If you receive a bad check in Florida, you can contact the Bad Check Diversion Program (BCDP) to obtain restitution and a service fee without processing the case through the criminal justice system. If the check writer does not comply with the BCDP, the case may be referred for possible prosecution. You may also want to consider hiring a criminal defense attorney to help you navigate the legal process and protect your rights.
