Bad or Worthless Checks
In Jacksonville, Florida, when a person writes a "bad" check, a check with insufficient funds, the criminal charge is referred to as a worthless check charge. Jacksonville worthless check charges may be filed by the State Attorney's Office pursuant to Florida Statute Section 832.05. Under the Florida worthless check statute:
"It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or deliver to another any check, draft, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation; except that this section does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment as aforesaid, nor does this section apply to any postdated check." (emphasis added)
The Jacksonville worthless check law does not make it a crime to write a check without having the funds to cover that check in your bank account. Instead, a Jacksonville worthless check charge requires the defendant to know, at the time he or she drafts the check, that there are insufficient funds in his or her account. Quite often, a person will write a check without having knowledge that the account is without funds. Therefore, he or she is not in violation of the Jacksonville worthless check law.
A Jacksonville worthless check charge can be a misdemeanor or a felony depending on the amount of the check. If the amount is for $150 or more, the crime is a third-degree felony. Anything less than that is a first-degree misdemeanor.
If you have been charged with writing a bad check in Jacksonville, Florida or the surrounding areas, contact a Jacksonville Worthless Check Attorney. An attorney can contact the State Attorney Office and, depending on your circumstances, help you dispose of the Jacksonville "bad check" case in a fashion that is favorable to you.