What happens if I pass a bad check without knowing?

There are actually two issues at play with passing a bad check. The fact that one may not know an act is a crime when it is (allegedly) committed is not a valid defense. However, in charging someone with a crime, the state must always prove some type of intent to commit that crime.

The most common standard used by courts is “intentional and knowing.” This means that the state must prove a person meant to do the act that resulted in the crime – check fraud in this instance.

Check Fraud

To be charged with passing a bad check, a person had to know that there was not enough money in his or her account to cover the check when presented to a bank or merchant. Knowledge (or intent) that the check was not good when it was written it is an element of the charge. If the person wrote the check believing that there was enough money in the given account to cover it when presented, he or she hasn’t committed a crime because one of the elements of the crime is missing. Ignorance isn’t of the law: it’s of his banking account balance.

If the state cannot prove that the person intended to violate the law, he or she might not be charged for check fraud; however, they can still be held accountable for a civil dispute and required to pay any fees associated with a returned check.

How to Resolve Passing a Bad Check

If you have accidentally committed an offense, the sooner you make attempts to resolve the situation, the more you demonstrate that you were not intentionally defrauding anyone. For example, if an individual forgot to deposit a payroll check before writing the bad check, realized the error the next day, and immediately tried to restore the merchant’s loss; then his efforts will negate the intent element discussed above. Most people who are trying to steal goods or services with bad checks are not going to make immediate and sincere efforts to make the situation right again.

If it has been a while since the event, and you realize a mistake, you may want to contact an attorney to help you resolve the situation. The more time between the “crime” and your realization of having committed it, the harder it generally is for you to resolve it as a mere accident. However, an attorney may be able to help you get ahead of the criminal charges, or at least resolve them, before they become more serious. The main thing to remember is to not ignore the situation, even if it’s a mistake. Failure to take care of a mistake of this nature only results in more hot water.

Case Studies: Passing a Bad Check

Case Study 1: Accidental Mistake

In this case study, Sarah writes a check without realizing that there are insufficient funds in her account to cover it. She genuinely believed that there was enough money in her account at the time she wrote the check. Upon realizing her mistake the next day, Sarah immediately contacts the merchant and makes immediate efforts to rectify the situation by providing the necessary funds to cover the check.

Due to her prompt and sincere actions, it is clear that Sarah did not intend to defraud anyone, and the charges of check fraud may not be applicable in this scenario.

Case Study 2: Prompt Resolution

John passes a bad check unknowingly due to a miscalculation in his account balance. When he realizes his mistake, he immediately takes responsibility and contacts the recipient of the check. He explains the situation and promptly provides the necessary funds to cover the check.

The recipient understands that it was an unintentional error and agrees to resolve the matter without pursuing criminal charges. John’s quick actions demonstrate his lack of fraudulent intent and a genuine desire to rectify the situation.

Case Study 3: Seeking Legal Assistance

In this case study, Emily accidentally passes a bad check but only realizes her mistake several weeks later. Concerned about the potential consequences, she decides to consult with an attorney to help navigate the situation. The attorney advises Emily on the best course of action and assists in resolving the matter before it escalates further.

By seeking legal help and proactively addressing the issue, Emily demonstrates her willingness to take responsibility and mitigate the potential legal consequences.