Theft By Check is when a check is written from a closed account, or where insufficient funds were availible in the check's account. If the check writer fails to pay within 10 days after receiving the notice, then the store (or person receiving the check) can file charges. Notice to the check writer can be given by the store or the person's bank, notifying of the overcharge.
Crimes of Moral Turpitude are offenses involving traits of honestly and trust in the community. Offenses that, if convicted, may portrait the person as being dishonest, include Theft, Forgery, Perjury, and other crimes directly related to a person's integrity. Crimes of Moral Turpitude are among the most commonly reported on criminal history background checks, and are scrutinized by potential employers, colleges, landlords, and law enforcement. Even on a Class C Theft.
Convictions of Crimes of Moral Turpitude also have devastating effects with personal rights. They may disqualify a person from serving on jury duty, holding public offices, obtaining licensing and clearance in certain fields, traveling into other counties, obtaining loans and mortgages, and more. They will also be allowed to be disclosed to the jury or judge if you are ever testifying at a hearing or trial.
The main issue with a theft by check case is to pay off the check. You can also expect to pay the civil fees associated with the bounced check, which can be upwards of $200, depending on the Court or agency.
Depending on the circumstances and whether the person has a history of Theft by Checks, some people can expect a dismissal upon paying off the check, while others could face a conviction, fines, loss of the ability to hold a checking account, probation, and even in some instances, jail.
If there was no account linked to the check, or if that account had been closed prior to the writing of the check, the law holds that a person will be presumed to have knowledge of the lack of funds in an account, and therefore presumed to possess the intent to commit a theft by check, where the person had no account with the bank or other drawee at the time he issued the check or order.
The Keates Law Firm has over 14+ Years Experience handling criminal defense cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.
(a) If the actor obtained property or secured performance of service by issuing ... a check ... for the payment of money, when the issuer did not have sufficient funds in ... the bank ... it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft).
Depending on the amount of the check written, Theft by Check can be a Misdemeanor or Felony. The breakdowns of values/amounts is the same as used for a regular Theft offense.
|Level of Offense||Punishment|
|Class C Misdemeanor||Not Jailable, No more than $500 fines|
|Class B Misdemeanor||Not more than 180 days in a county jail, and/or no more than $2,000 fines|
|Class A Misdemeanor||Not more than 1 year in a county jail, and/or no more than $4,000 fines|
|State jail felony||180 days to 2 years in a state jail, and/or no more than $10,000 fines|
|3rd Degree Felony||2-10 Years in Prison, and/or no more than $10,000 fines|
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