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bad checks in Illinois, DuPage County white collar crimes lawyerOver the years, there has been a gradual shift in the method consumers use to make their payments. In the beginning, the only option was cash, followed by a shift to checks for the added security of the money that people had. In more recent years, there has been a transition to debit and credit cards as the primary payment option. Still, checks are used as a form of payment for many and also in bill pay options. Occasionally, an automatic check payment is mailed directly from the bank.  

As a payment is scheduled in advance, the account owner may potentially forget that a deduction will occur and by the time the check is withdrawn from the account, there is simply not enough money to cover the funds requested. If this happens even once, the bank will sometimes make the payment and charge additional fees for the inconvenience. Although, consistently writing bad checks can result in significant legal trouble.

The Offense

A consumer may write a check to a bank for money they do not have in the account and also a company can write a bad check to an individual, such as an employee. To knowingly do so is considered to be a deceptive practice, which is illegal. Although the first offense can be prosecuted, evidence of prior knowledge is indeed accumulated by the second and third offenses.

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Wheaton criminal defense lawyer, check fraudIf you bounce a check, it may result in more than just an issue with your bank and the retailer you tried to pay. You may find yourself under arrest and charged with a crime. Even though fewer and fewer people use paper checks, people are charged with different crimes relating to writing bad checks every year.

When is Writing a Bad Check More Than Just a Civil Issue?

When a merchant receives notice that your check bounced, he or she may decide to report you to law enforcement. Writing a check when there are not sufficient funds in your account for the check to clear may fall under the Illinois category of crimes known as deceptive practices.

The law presumes that you knew your check would bounce if there was not sufficient funds in your account when you wrote or delivered the check. You will have the chance to rebut this presumption with your own evidence.

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