Bad Checks Defense Lawyers in DuPage County
Wheaton and Warrenville Legal Counsel for Fraudulent Checks
In today’s online world, fewer and fewer people are writing checks to pay for goods and services. As such, it is easier than ever to lose track of a check and, by forgetting it was written, risk it being returned for non-sufficient funds (NSF). For many situations, an NSF check is a mere oversight that is easily corrected, albeit with a nominal fee. Other cases, however, may be much more serious as the recipient of bad check may choose to file a criminal complaint. The case may then be prosecuted by the State’s Attorney’s Office. At the Davi Law Group, our team of legal professionals understands the seriousness of bad check prosecution and is ready to protect your best interests throughout the process.
Northern Illinois Bad Checks Lawyers
Under Illinois law, writing a bad check falls under a category of offenses known as deceptive practices. Other examples of deceptive practices include making false statements in securing a financial transaction with a bank, making false statements to the public regarding the sale of property and service, and check forgery. While most of these offenses are business-related, bad checks can apply to any private citizen. Writing a check without sufficient funds in your account to cover the check is against the law. It statutorily makes no difference that you were unaware of your balance; in fact, the check being returned NSF twice at least seven days apart constitutes preliminary evidence that you were aware of the insufficiency.
As former Assistant State’s Attorneys, both Attorney Dion U. Davi and Attorney Pierina "Rina" Infelise understand the prosecution process for bad checks. They realize that the action may proceed in one of two separate ways. From a criminal standpoint, writing a bad check is prosecutable as a Class 4 felony, with possible penalties including prison time and significant fines. Alternative, the law provides a civil option in which the recipient of the bad check may seek up to triple the amount of the original NSF check plus attorney’s fees and court costs.
Reliable Advocates for Bad Checks Cases
Most civil or criminal litigation can be prevented in a bad checks case by quickly remedying the returned check. Prompt remittance of an alternative form of payment, along with reimbursement of incurred fees will usually stop legal action before it starts. If, however, the recipient of a bad check has initiated action against you, you need a skilled attorney committed to helping protect your rights. At the Davi Law Group, our attorneys approach each case with a sense of personal dedication and attention to detail. We will thoroughly review the evidence and available information helping you build a responsible, affordable defense.
Facing charges or civil action for bad checks can be frightening but you do not need to go through it by yourself. Contact our office to schedule an appointment with one of our highly-trained legal professionals. Call us at 630-580-6373 for a consultation so that you can meet our team and find the best course of action for your case. With four convenient office locations, we are proud to serve clients in Kane, Kendall, Cook, Will and DuPage Counties.