Theft by check

Theft by check, or what is commonly referred to as “worthless check” or “hot check” cases, are one of the most widespread cases filed against individuals. Most counties have entire departments dedicated to the prosecution of hot check cases yet few people realize the implications of a bounced check on their lives.

If you write a check without sufficient funds you can be arrested and charged with a criminal offense. Depending on the amount of the check you may even face jail or prison time in addition to heavy fines and court costs.

How Theft by Check Cases are Filed

When a merchant is written a check that is not covered by sufficient funds, that merchant may contact the appropriate prosecuting authority, typically the District or County Attorney’s Office. The worthless check department may attempt to contact you in an effort to collect the check amount plus any additional fines or fees.

If the check is not paid within the required time frame, the prosecutor’s office will file criminal charges against you and have a warrant issued for your arrest. Once arrested you will have to post a bond or remain incarcerated until completion of your case. You will also have numerous dates that you must attend.

Defenses to Theft by Check

The State must prove that you wrote the check or gave someone permission to write the check. Often times you may get notice about a hot check that you knew nothing about. For instance if your checkbook was stolen or someone took the check without permission. Douglas Atkinson is experienced at fighting theft by check cases. By hiring an experienced attorney the charges should be dismissed if it is shown you did not write the check to the merchant.

Even if you did write the check, Douglas Atkinson can work with the prosecutor to get your case dismissed. By getting your checks paid in full as well as any applicable fees, your case could be dismissed.