The prosecutors throughout Tallahassee and Leon County, FL, will aggressively prosecute worthless check charges if the individual who wrote the check refuses to pay restitution on the check. While this may seem like a relatively minor criminal offense in the scheme, it actually can have serious repercussions on the accused individual. In many of these cases a felony or misdemeanor warrant is issued.
Tallahassee Worthless Check Defense Lawyer
If you are facing worthless check charges or suspect you may soon be, it's critical to consider your legal defense options. The consequences for a conviction can be much more serious than you realize. Call an attorney at the Law Offices of Don Pumphrey, Jr., to discuss your defense options. Our attorneys are experienced at defending worthless check charges and other alleged theft crimes. We may even be able to help you resolve the case without the need for you to travel back to Tallahassee, Leon County, FL for unnecessary court appearances.
Definition of Worthless Check under Florida Law
Under Florida law, if a person writes a check in order to obtain goods or services and at the time that the check is written knows that insufficient funds exist to cover the check (or that the check is worthless for some other reason) then the person may be charged with presenting a worthless check. The check can be returned from the bank for any number of reasons including:
- Insufficient Funds;
- Non-sufficient funds (often called "NSF");
- Account Closed;
- No Such Account;
- Account Not Found
Florida's Criminal Statutes allow for the prosecution of Worthless Check cases. If the checks are returned for other reasons such as "Uncollected Funds" or "Refer to Maker" the State Attorney's Office for the Second Judicial Circuit may agree to prosecute the case.
Under Florida law, checks that are returned with the designation "stop payment" can be prosecuted, but only if the prosecutor is able to prove beyond all reasonable doubt that at the time the check was presented the person presenting the check intended to commit a fraud by canceling payment. In other cases, the State Attorney's Office will refuse to prosecutor the case and refer the person who accepted the check to small claims court.
The Law Offices of Don Pumphrey Jr. | Worthless Check Charge Lawyer in Tallahassee
Contact the Law Offices of Don Pumphrey, Jr. today to begin exploring your defense options. If you have been charged with a worthless check crime or currently have an active warrant for you about the crime, it's important to work with an attorney who understands the Leon County justice system. We can help you resolve the case under the most favorable terms. However, this can only happen if you make the call and take the first step towards clearing the charges against you.