We Speak English, Arabic, and Spanish
In Florida, issuing a worthless check involves knowingly writing a check without sufficient funds to cover the transaction. This crime can result in misdemeanor or felony charges, depending on the amount involved. Knowing the intricacies of Florida worthless check statute is crucial for anyone facing such charges.
According to Florida Statute 832.05(2)(a), it is illegal to obtain goods, services, or other things of value using a check or similar payment order while knowing there are insufficient funds to cover it. This law covers a range of payment instruments beyond just checks, including drafts and debit card transactions.
To convict someone under Florida worthless check statute 832.05(4), the prosecution must prove six key elements beyond a reasonable doubt:
Evidence typically involves detailed financial records and communications. Bank statements demonstrate the account’s balance at the time the check was written. The prosecution may also present transaction records to show the sequence of deposits and withdrawals. Testimonies from bank officials or experts may be used to explain financial transactions and account status. Any written or electronic communication between the defendant and the bank, or between the defendant and the payee, can be pivotal. Video surveillance from the bank or the place of transaction might also establish the identity of the person who issued the check.
The penalties for issuing a worthless check in Florida vary based on the amount:
These penalties underscore the seriousness of such charges and the importance of seeking legal counsel from worthless check lawyers in Miami-Dade.
Several defenses can be used to contest a charge of issuing a worthless check:
These defenses require a thorough understanding of both the law and the specific circumstances of the case, highlighting the need for skilled legal representation by a bad check lawyer.
A worthless check, as defined by the Florida worthless check statute, is a check issued with knowledge that there are insufficient funds in the bank to cover the transaction. If you’re facing charges, a bad check lawyer can help you understand your legal options.
Under the Florida worthless check statute, penalties range from a first-degree misdemeanor (up to one year in jail) for checks under $150 to a third-degree felony (up to five years in prison) for checks of $150 or more. It’s essential to consult a bad check lawyer if you’re facing these penalties.
Yes, lack of knowledge about the insufficient funds can be a valid defense under the Florida worthless check statute. A skilled bad check lawyer can help you present this defense effectively in court.
Not necessarily. The prosecution must prove intent to defraud or knowledge of insufficient funds at the time the check was issued, according to the Florida worthless check statute. A bad check lawyer can assist in challenging the evidence of intent or knowledge.
To avoid legal action under the Florida worthless check statute, pay the holder the amount due, plus any applicable service fees, within 15 days. Consulting a bad check lawyer can also provide guidance on how to handle the situation.
An experienced bad check lawyer can evaluate your case, identify possible defenses under the Florida worthless check statute, and represent you in court to achieve the best possible outcome.
Altawil Law Group is committed to providing exceptional legal services in Miami, Broward, Palm Beach, and beyond. Whether you’re in need of a divorce lawyer in Fort Lauderdale, a family law attorneys in miami, or the best criminal defense attorney in Brickell, we are here to help. Contact us today to learn more about how we can assist you with your legal needs.
