Issuing a Bad Check: New York Penal Law 190.05Issuing a Bad Check (New York Penal Law 190.05), is one of the least serious fraud type crimes handled by Buffalo Area criminal lawyers. It is a “B” misdemeanor punishable by up to 90 days jail,. Should you be convicted of this crime, it could put a very bad mark on your record and be prepared to place your immigration status in serious jeopardy. Certainly you will need the experience of a Buffalo criminal defense attorney.
In simple terms, one is guilty of NY PL 190.05 for Issuing a Bad Check if they deliver a check to another person knowing that you or the person for whom you are uttering or passing the check does not have sufficient funds to cover the check. Additionally, you must intend that when the receiver of the check deposits it, payment will be refused and it is in fact refused.
Making things tougher when facing the charge of Issuing a Bad Check, the law provides for many damaging presumptions found under New York Penal Law 190.10.
Specifically, if the drawer has non-sufficient funds in his or her bank account to cover that check, the law permits a judge to issue a ruling that allows a jury (or him or herself if there is a bench trial), to infer that the drawer knew the account lacked the funds. Also, another presumption that you intentionally issued a bad check is permissible if you actually issue a check from an account that is closed.
Despite the law apparently being stacked against a person arrested or accused of Issuing a Bad Check in Buffalo or the adjacent Towns and Villages there are practical and statutory defenses. Whether any of these will work for you is something that you and your counsel should discuss and potentially implement as soon possible.