Defense Lawyer - Bad Checks in Pennsylvania

Bad Checks.
Regardless of how you were charged, we can promise you this: we
will work to get the charges substantially reduced or dismissed
entirely. We are often able to negotiate great deals that give you more
time to make a payment and/or keep you out of jail if the amount of
the bounced check was significant. We promise you this: we will put
our experience to work for you and seek the best possible deal to help
you avoid jail time and/or fines for each "bad checks" charge against
you. We will work with the prosecutor and get you a deal that you find
favorable if we cannot get the charges dropped entirely.

Your Best Defense.
You deserve a lawyer who will fight to get the charges dismissed. At
the very least, you need an attorney who will question the charges
against you and work to protect your record from a new (or another)
criminal conviction. We will work to have all charges dismissed as
soon as possible.

Call us Today!

Law concerning "bad checks." You should not assume the
following summary of the law reflects the most recent updates to the
state by the legislature. Moreover, you should speak to a lawyer to
know how the law will apply in your case.

§ 4105. Bad checks.
(a) Offense defined.--

A person commits an offense if he issues or passes a check or
similar sight order for the payment of money, knowing that it will not
be honored by the drawee.
A person commits an offense if he, knowing that it will not be honored
by the drawee, issues or passes a check or similar sight order for the
payment of money when the drawee is located within this
Commonwealth. A violation of this paragraph shall occur without
regard to whether the location of the issuance or passing of the check
or similar sight order is within or outside of this Commonwealth. It
shall be no defense to a violation of this section that some or all of the
acts constituting the offense occurred outside of this Commonwealth.

(b) Presumptions.--For the purposes of this section as well as in any
prosecution for theft committed by means of a bad check, the
following shall apply:

An issuer is presumed to know that the check or order (other than a
post-dated check or order) would not be paid, if:
payment was refused because the issuer had no such account with
the drawee at the time the check or order was issued; or

payment was refused by the drawee for lack of funds, upon
presentation within 30 days after issue, and the issuer failed to make
good within ten days after receiving notice of that refusal.

Notice of refusal may be given to the issuer orally or in writing by any
person. Proof that notice was sent by registered or certified mail,
regardless of whether a receipt was requested or returned, to the
address printed on the check or, if none, then to the issuer's last
known address, shall raise a presumption that the notice was
received.

A check or order stamped "NSF" or "insufficient funds" shall raise a
presumption that payment was refused by the drawee for lack of
funds.
A check or order stamped "account closed" or "no such account" or
"counterfeit" shall raise a presumption that payment was refused by
the drawee because the issuer had no such account with the drawee
at the time the check or order was issued.

(c) Grading.--

An offense under this section is:
a summary offense if the check or order is less than $200;

a misdemeanor of the third degree if the check or order is $200 or
more but less than $500;

a misdemeanor of the second degree if the check or order is $500 or
more but less than $1,000;

a misdemeanor of the first degree if the check or order is $1,000 or
more but is less than $75,000; or

a felony of the third degree if the check or order is $75,000 or more.
When the offense is a third or subsequent offense within a five-year
period, regardless of the amount of the check or order and regardless
of the grading of the prior offenses, an offense under this section is a
misdemeanor of the first degree unless the amount of the check or
order involved in the third or subsequent offense is $75,000 or more,
then the offense is a felony of the third degree.

(d) Venue.--An offense under subsection (a) may be deemed to have
been committed at either the place where the defendant issues or
passes the bad check or similar sight order for the payment of money
or the place where the financial institution upon which the bad check
or similar sight order for the payment of money was drawn is located.

(e) Costs.--Upon conviction under this section the sentence shall
include an order for the issuer or passer to reimburse the payee or
such other party as the circumstances may indicate for:

The face amount of the check.
Interest at the legal rate on the face amount of the check from the
date of dishonor by the drawee.
A service charge not to exceed $20 if written notice of the service
charge was conspicuously displayed on the payee's premises when
the check was issued.

Bad checks
Writing of bad checks
Writing back checks in Pennsylvania
http://members.aol.com/StatutesP4/18PA4105.html
Requirements for a bad check complaint
http://www.montcopa.org/da/RequirementsforFilingBadCheck.htm
Pennsylvania law concerning bad checks
http://www.nationalcredit.com/badcheck.html
Law firm for bad checks in Pennsylvania
http://www.njlaws.com/bad_checks.htm
Theft and related crimes per the statute:
http://members.aol.com/StatutesP1/18.Cp.39.html