Bad Checks in New Jersey

N.J.S.A. 2C:21-5 · Fraud & White Collar Offenses

What the law says

A person commits an offense by issuing or passing a check or similar sight order for payment, or authorizing an electronic funds transfer, while knowing it will not be honored by the drawee. The offense degree depends on the amount of the check, money order, or electronic funds transfer.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:21-5, that means:

• The person issued or passed a check or similar sight order for the payment of money, or authorized an electronic funds transfer.
• The person knew that the check, sight order, or electronic funds transfer would not be honored by the drawee.

How the charge is graded

• a crime of the second degree if the amount of the check, money order, or electronic funds transfer is $75,000.00 or more;
• a crime of the third degree if the amount of the check, money order, or electronic funds transfer is $1,000.00 or more but is less than $75,000.00;
• a crime of the fourth degree if the amount of the check, money order, or electronic funds transfer is $200.00 or more but is less than $1,000.00;
• a disorderly persons offense if the amount of the check, money order, or electronic funds transfer is less than $200.00.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• For purposes of this section and any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check, money order, or electronic funds transfer would not be paid, except for a post-dated check, money order, or electronic funds transfer, if the issuer had no account with the drawee when the check or money order was issued or the electronic funds transfer was made.
• The presumption of knowledge also applies if payment was refused by the drawee for lack of funds or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of the refusal or after notice was sent to the issuer's last known address.
• Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to defraud, as opposed to a business dispute or honest mistake
• Challenging loss calculations that drive the degree of the charge
• Document, bank-record, and electronic-evidence review with forensic accountants
• Early negotiation and restitution that can keep a case out of state prison

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Bad Checks charge.

Related charges

• Theft by Deception →
• Theft by Extortion →
• Computer Criminal Activity →
• Forgery →
• Credit Card Fraud →
• Insurance Fraud →
• Identity Theft →
• Money Laundering →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.