This post begins a series on how to proceed when one is facing bad check charges in Phoenix, Arizona. I have decided to write on this topic for multiple reasons. First, many Maricopa County residents unfortunately find themselves facing such charges due to economic hardship; many people in our area are still suffering from the effects of the “Great Recession.” Second, there are times when people make a mistake and the result is a check being returned for insufficient funds. Someone who violates our state’s bad check laws may be guilty of a misdemeanor or a felony, depending on the circumstances. If you find yourself facing such a situation then it is imperative that you retain a criminal defense lawyer immediately.
I will be addressing several articles over my coming posts. Subjects I will look at include:
- When one is considered to have “issued a bad check” under A.R.S. 13-1807
- Defenses available to those who have issued a bad check
- Resolving an insufficient check charge through a plea agreement
- Sealing one’s arrest record after resolving the case
These are important topics to discuss as many people in our area misunderstand the law on this issue. First, some mistakenly think that they are automatically facing criminal charges if they bounce a check. This is not accurate. Second, many mistakenly think that bouncing a check is simply a private matter between two people and that a criminal prosecution is not possible. This is also not accurate. Third, many do not understand that there are many defenses to a bad check charge (such as if one can show that the check was post-dated). Fourth, it must be understood that quite often the goal of a criminal prosecution is not to punish the defendant; it is to simply ensure that the payee receives their money. Also, one can quickly get on with their life after such a case through sealing their record.
As a Phoenix criminal defense lawyer I assist people throughout our area. This is true whether they are charged with a felony or if they are facing a misdemeanor. My office prides itself on regular communication and will keep you up to date throughout the process of your case. Contact me today to speak with an attorney. I also handle cases in cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. I also assist Pima County residents in Tucson and others throughout the state.