Bad Check Writing

Delaware Bad Check Defense Lawyers

Writing a bad check in Delaware is a crime. If you are arrested, you will face severe consequences. A bad check charge in Delaware can be a felony or a misdemeanor. The amount of the check will dictate how the charges are prosecuted. If you have been arrested in Delaware for writing bad checks, you should immediately speak with a felony lawyer in Delaware.

Call Delaware Criminal Defense Attorney Ronald D. Phillips to discuss your case. His Delaware Criminal law office can be reached at 302-855-9300. You can also email the Delaware Theft Defense Attorneys at the Law Offices of Murray, Phillips & Gay.

Mr. Phillips has many years of experience handling theft crimes in Delaware. He is among the best misdemeanor lawyers in Sussex County and Kent County.

Delaware Check Forgery Laws

§ 900. Issuing a bad check; class A misdemeanor; class G felony.

(a) A person is guilty of issuing a bad check when the person issues or passes a check knowing that it will not be honored by the drawee. For the purpose of this section, as well as in any prosecution for theft committed using a bad check, it is prima facie evidence of knowledge that the check (other than a postdated check) would not be honored that:

(1) The issuer had no account with the drawee at the time the check was issued; or

(2) Payment was refused by the drawee upon presentation because the issuer had insufficient funds or credit, and the issuer failed to make good within 10 days after receiving notice of that refusal.

Issuing a bad check is a class A misdemeanor unless the amount of the check is $1,500 or more, in which case it is a class G felony.

(b) The failure of any business or other commercial entity, prior to the completion of a transaction (other than a transaction by mail) for which a check is accepted in person by the payee as consideration for goods or services provided by the payee, to (1) request and inspect the person’s valid driver’s license or other photo identification card, which lists the person’s name, address, date of birth and approximate height and weight, to validate the identity of the person presenting the check; and (2) record on the check being presented the person’s name, driver’s license number, if such person has a driver’s license, date of birth and address, may result in the refusal of a law enforcement agency to investigate violations of subsection (a) of this section.

Let A Delaware Criminal Defense Attorney Help You

Being convicted of check forgery can cause you a tremendous amount of legal and financial trouble. You may face fines, restitution, and, depending on the amount, jail time. Do not face these charges alone. Do not wait to call Delaware Defense Attorneys at the Law Offices of Murray, Phillips & Gay to discuss protecting your rights. Call Kent County office: 302-422-9300. Call Sussex County office: 302-855-9300. You can also email Delaware Criminal Defense Attorneys.