You are running low on cash and have to buy groceries. What do you do?
If you think about passing a check that is either not yours or that you don’t have the funds to cover, then you can get yourself into some legal hot water.
If you get arrested for issuing a bad check, the first thing you should do is to call Michael Anzalone at The Anzalone Law Firm in Nashua, New Hampshire.
Even for a minor crime such as writing a bad check, you’ll need a criminal defense attorney who is well-versed in the state’s laws and the judicial system.
It is highly important for you to speak with a lawyer before you talk to law enforcement officers after your arrest.
Remember that anything you say can be held against you and harm your case.
You can be certain that arm your case will be a top priority for Michael Anzalone.What Does Issuing a Bad Check Mean?
In New Hampshire, issuing a bad check occurs when you write a check that is refused by the bank. The state presumes that you know that you have the money to cover whatever the check is written for.
In fact, if you do a stop payment on the check when you realize there are no funds to cover, or if it happens through no fault of your own, you won’t be accused of issuing a bad check.
It’s important for you to pay the amount of the check as quickly as possible. This can help your defense. If you pay the amount owed plus all of the associated fees to the person within 14 days of a notice that the payment was refused, it will be in your favor.
But, after 14 days, the state considers it failure to make a payment. This is known as “prima facie” evidence of violation of a state statute.
You may wonder what the penalties for writing a bad check are. It’s simple. It is described in the state statutes, RSA 638:4.
It is considered a misdemeanor if the amount of the check doesn’t exceed $1,000 and you have been convicted on a bad check charge within the past year. If you haven’t had a prior arrest, it is a Class B misdemeanor if the check was less than $1,000.
It’s considered a Class B felony if the amount of the check is between $1,000 and $1,500 and you have two or more prior convictions during a 12-month period and the amount of all doesn’t exceed $1,500.
If your total is over $1,500, you are in more serious trouble. This is considered a Class A felony if the check exceeds $1,500, or you already have two or more convictions during a 12-month period and the amount of past and present offenses exceed the $1,500 total.
Whether your case goes before a judge or your attorney thinks it is best to make some kind of plea arrangement beforehand, it is our goal to help you get back on your feet as soon as possible.
You need the assistance of The Anzalone Law Firm to get you out of what could be a messy legal web.
Remember, we are here for you 24/7. Please call us today for a free consultation.