Minnesota law defines issuance of a dishonored check as: the act of knowingly issuing a check froom an account that does not have the funds to cover the amount of the check. See: Minn.Stat§609.535
Building A Strategic Defense
Most people don’t write a check with the intent to commit a crime. Many times, a mistake can be made in balancing your books. Mistakes can be made for a wide variety of reasons: financial struggles or forgetfulness are the most common mistakes people make. However, there are certainly circumstances where an individual knows they are writing a check that cannot be covered. No matter the situation, you need and experienced defense lawyer in your corner.
Penalties for Issuance of a Dishonored Check:
As with other theft related offenses, the level of offense depends on the loss to the victim:
- Less than $250. This offense is a Misdemeanor, with a maximum punishment of 90 days in jail or a $1,ooo fine.
- $250 or Less than $500. This offense is a Gross Misdemeanor, with a maximum punishment of 1 year in jail and a $3,000 fine.
- More than $500. This offense is Felony, with a maximum punishment of 5 years in prison and a $10,000 fine.
The State of Minnesota has the burden to prove beyond a reasonable doubt that someone had no intent to pay the amount of the check. A viable defense is when the check is satisfied within 5 days of being sent a notice of no-payment. There are various other defenses that can be utilized in a dishonored check charged. Having an experienced defense lawyer can make all the difference in the world.
Contact Attorney Carson J. Heefner Today
Carson J. Heenfer has over 20 years experience representing individuals who have been charged with issuing a dishonored check. If you or someone you know has been accused of writing a bad check, contact Carson at 612-202-8971 or firstname.lastname@example.org for a free consultation.