questions & answers

Question: Bounced a check to bank not knowing it would bounce at the time. When I did find out it bounced I did not pay right away. Amount $425. I cant pay now because it has gone to court system. At the time I wrote check I did not know it would bounce. Check was from good account. I just did poor bookkeeping. I read law and it says only a crime if I knew it would bounce. I have a plea on the table which will put a misdemeanor on my record. Do I have a defense since I did not know it would bounce?

Answer:

You do have a defense, however, it is not a strong one. If you were to claim you didn't know the account was too low for the check due to poor bookkeeping, a judge may look at it believe you knew or should have known the balance was too low. The risk of going to trial is typically minimal if the plea agreement is for the actual charge, provided there is no history or other aggravating factors. Keep in mind that if you go to trial and are found guilty, the judge will determine the sentence and the stipulations in the plea offer will not apply.

(Advice)