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1. #New jersey fake check laws pdf
2. #New jersey fake check laws full
3. #New jersey fake check laws code
4. #New jersey fake check laws trial

Persons charged with, or who may be charged with issuing a bad check should speak with an experienced New Jersey criminal defense lawyer immediately. Marain ever handled, in 1976, was for client K.H, accused of issuing a bad check. In fact, the very first court case that Mr. Criminal Lawyers in New Jersey™ has forty-five years experience defending charges such as these. Those elements, as indicated above, are issuing (or passing) a check, while knowing the bank upon which it is issued will not pay it.ĭespite inability to rely upon the antecedent debt rule, numerous defenses to bounced check charges still exist. Thus, so long as the elements of the offense are satisfied, intent to defraud is irrelevant. Quite simply, intent to defraud is not an element of the crime. To understand the reason the antecedent debt rule is disfavored, one need look no further than what how N.J.S. New Jersey does not recognize this antecedent debt rule. This body of law is sometimes referred to as the “antecedent debt rule.” The reasoning that supports this antecedent debt rule is that since the prior debt is not extinguished by the bounced check, issuance of that bounced check does not support a necessary element of the offense, namely, intent to defraud.

#New jersey fake check laws full

There is a body of law that holds that checks that bounce, when issued in full or partial satisfaction of prior debts, cannot support a successful bad debt prosecution. In that situation, the amount of funds in the account may not matter. On the other hand, if the issuer at the time they issued the check intended to instruct the bank to stop payment, they have violated the bad check statute. So long as the issuer believed when they issued the check that their bank would honor the check, they have not commited the bad checks crime. The stop payment order, in and of itself, does not violate the bad checks statute. Sometimes a dispute arises after a check is issued, and the issuer gives their bank a stop payment order.

#New jersey fake check laws trial

The fate of the defendant in a bad checks trial sometimes rises or falls on how persuasive their New Jersey lawyer is in creating reasonable doubt for the jury concerning what the issuer believed. However, if they believed the funds would be in the account on the designated date, even though that belief was incorrect, they have not violated the bad checks law. If the issuer knew that the account would have insufficient funds, they violated the statute. Whether that situation violates the bad check statute depends on what the person who issued the check knew at the time they issued the check. It sometimes happens that an account upon which a post dated check is drawn will lack sufficient funds to cover the check when the indicated date arrives. Post dated checks, in themselves, are completely legal. The bad checks statute applies to post dated checks. Payment was refused by the bank for lack of funds, upon presentation within forty-six days after issue, and the issuer failed to make good within ten days after receiving notice of that refusal or after notice has been sent to the issuer's last known address. The person who issued the check had no account with the bank upon which the check was drawn at the time he issued the check orĢ. New Jersey law allows a jury to presume that the issuer knew that the check would bounce under the following circumstances:ġ. The seriousness of the offense of issuing a bad check depends on the amount of the check:Īt least $1,000.00, but less than $75,000.00Īt least $200.00, but less than $1,000.00 In order to obtain a conviction, the State of New Jersey must prove that the defendant knew at the time they issued or passed the check that it would not be honored by the bank on which it was drawn. 2C:21-5, a person who issues or passes a check for the payment of money, knowing that it will not be honored by the bank, commits an offense. Chapter 21 relates to forgery and fraudulent practices.

#New jersey fake check laws code

That statute is in Chapter 21 of the New Jersey Code of Criminal Justice. * An asterisk indicates that Additional Acts of this legislative session were published in the following year’s volume.Bad Checks, or Bounced Checks in New Jersey-Basic Factsīad checks are also called “ bounced checks.” The New Jersey statute that discusses bad (or bounced) checks is N.J.S.

#New jersey fake check laws pdf

These PDF scans can be keyword searched, saved and printed. The State Library Information Center is digitizing the Acts of the Legislature (Chapter/Session Laws) and they are now available in the New Jersey State Publications Digital Library.