Defense of Bad Checks Charges in Pittsburgh and Beaver County

Bad Checks.
Our firm has success getting "bad checks" charges
negotiated away to prevent you from going to jail, so long as
you pay restitution. We also work to avoid you getting a
conviction that appears on your record. In our experience, we
can prevent the conviction from being entered, leaving only
the fact of the charge on your record, however, that can be
expunged later. Before we can make any promises, of
course, we will need to talk to you about the amount of the
bad check at issue. Either way, we'll get your case heading
in the right direction.

Your Best Defense.
You deserve a lawyer who knows the technical elements that
must be established before a claim for "bad checks" can go
forward. For example, the creditor must write a letter to you
before bringing the charges. We will explore every
technicality that may help you in the end. Of course, as a
practical matter, you may need keep the restitution aspect in
mind (and be prepared to offer to pay on the amount owed on
the check), but we can help prevent you from going to jail
and/or getting a (worse) criminal record.

Call us!

Law concerning "bad checks." You should not assume the following summary of the law
reflects the most recent updates to the state by the legislature. Moreover, you should speak to a
lawyer to know how the law will apply in your case.

§ 4105. Bad checks.
(a) Offense defined.--

A person commits an offense if he issues or passes a check or similar sight order for the
payment of money, knowing that it will not be honored by the drawee.
A person commits an offense if he, knowing that it will not be honored by the drawee, issues or
passes a check or similar sight order for the payment of money when the drawee is located
within this Commonwealth. A violation of this paragraph shall occur without regard to whether the
location of the issuance or passing of the check or similar sight order is within or outside of this
Commonwealth. It shall be no defense to a violation of this section that some or all of the acts
constituting the offense occurred outside of this Commonwealth.

(b) Presumptions.--For the purposes of this section as well as in any prosecution for theft
committed by means of a bad check, the following shall apply:

An issuer is presumed to know that the check or order (other than a post-dated check or order)
would not be paid, if:
payment was refused because the issuer had no such account with the drawee at the time the
check or order was issued; or

payment was refused by the drawee for lack of funds, upon presentation within 30 days after
issue, and the issuer failed to make good within ten days after receiving notice of that refusal.

Notice of refusal may be given to the issuer orally or in writing by any person. Proof that notice
was sent by registered or certified mail, regardless of whether a receipt was requested or
returned, to the address printed on the check or, if none, then to the issuer's last known
address, shall raise a presumption that the notice was received.

A check or order stamped "NSF" or "insufficient funds" shall raise a presumption that payment
was refused by the drawee for lack of funds.
A check or order stamped "account closed" or "no such account" or "counterfeit" shall raise a
presumption that payment was refused by the drawee because the issuer had no such account
with the drawee at the time the check or order was issued.

(c) Grading.--

An offense under this section is:
a summary offense if the check or order is less than $200;

a misdemeanor of the third degree if the check or order is $200 or more but less than $500;

a misdemeanor of the second degree if the check or order is $500 or more but less than $1,000;

a misdemeanor of the first degree if the check or order is $1,000 or more but is less than
$75,000; or

a felony of the third degree if the check or order is $75,000 or more.
When the offense is a third or subsequent offense within a five-year period, regardless of the
amount of the check or order and regardless of the grading of the prior offenses, an offense under
this section is a misdemeanor of the first degree unless the amount of the check or order
involved in the third or subsequent offense is $75,000 or more, then the offense is a felony of the
third degree.

(d) Venue.--An offense under subsection (a) may be deemed to have been committed at either
the place where the defendant issues or passes the bad check or similar sight order for the
payment of money or the place where the financial institution upon which the bad check or
similar sight order for the payment of money was drawn is located.

(e) Costs.--Upon conviction under this section the sentence shall include an order for the issuer
or passer to reimburse the payee or such other party as the circumstances may indicate for:

The face amount of the check.
Interest at the legal rate on the face amount of the check from the date of dishonor by the
drawee.
A service charge not to exceed $20 if written notice of the service charge was conspicuously
displayed on the payee's premises when the check was issued.

Bad checks
Writing of bad checks
Writing back checks in Pennsylvania
http://members.aol.com/StatutesP4/18PA4105.html
Requirements for a bad check complaint
http://www.montcopa.org/da/RequirementsforFilingBadCheck.htm
Pennsylvania law concerning bad checks
http://www.nationalcredit.com/badcheck.html
Law firm for bad checks in Pennsylvania
http://www.njlaws.com/bad_checks.htm
Theft and related crimes per the statute:
http://members.aol.com/StatutesP1/18.Cp.39.html