Jefferson County Missouri Passing a Bad Check Lawyer

Passing a Bad Check Misdemeanor or Felony

Under Missouri law there is a huge difference between bouncing a check because you were incorrect about how much money was in your account and intentionally passing a bad check. The difference centers on whether you wrote the check knowingly. In other words, if you knew that there was not enough money in the account to cover your check, but you wrote it anyway, this can result in you being charged with the criminal offense of passing a bad check. Writing bad checks is a serious charge because you can face consequences that include prison, fines and a criminal record. If you are arrested, you will need a strong and aggressive defense.

In Missouri, you can be charged with passing a bad check if you write and pass a check or order to pay money knowing that it will not be honored by the bank on which it is written. This includes:

(1) knowing that it will not be paid by the bank or that no such bank exists,

(2) writing a check on an account that is closed or doesn’t exist, or

(3) within 10 days of receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the bank.

A person commits the offense of passing a bad check when he or she: (1) With the purpose to defraud, makes, issues or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee; or (2) Makes, issues, or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money, knowing that there are insufficient funds in or on deposit with that account for the payment of such check, sight order, or other form of presentment involving the transmission of account information in full and all other checks, sight orders, or other forms of presentment involving the transmission of account information upon such funds then outstanding, or that there is no such account or no drawee and fails to pay the check or sight order or other form of presentment involving the transmission of account information within ten days after receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the drawee or because there is no such drawee.

The offense of passing bad checks is a class A misdemeanor, unless:



(1) The face amount of the check or sight order or the aggregated amounts is seven hundred fifty dollars or more; or

(2) The issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, in which case passing a bad check is a class E felony.