Can I Go to Jail for Writing a Bad Check?

 Posted on July 29, 2024 in Criminal Defense

While checks are not often used in today’s modern world, people still pay for items with checks from time to time. The practice of writing a bad check, meaning one that is written when there are insufficient funds in an account or a bank account is closed, can be considered a crime in Illinois. Depending on the value of the check, serious legal consequences like jail time may apply.

If you are facing charges after writing a bad check, you will need the assistance of a skilled Illinois deceptive practices defense attorney.

Bad Checks and Deceptive Practices – What to Know

Writing a bad check may happen by accident sometimes, but when a person knowingly writes bad checks with the intent to avoid paying for items, he or she may be found guilty of deceptive practices. In Illinois, deceptive practices are typically considered a type of white-collar crime, which is one that is done for financial gain, and you can face criminal charges for writing bad checks.

Other deceptive practices in Illinois include using a stolen identity to write bad checks, making false statements, or using a false identity to deceive a bank or other financial institution.

It is important to note that accidentally writing one bad check is unlikely to result in criminal charges, but repeated bad checks or writing bad checks with the intention to deceive or defraud someone else can lead to legal consequences.

Penalties for Writing a Bad Check

The exact penalties for writing a bad check depend on any previous violations and how frequently the bad checks are being written. For example, writing one or more bad checks that add up to more than $500 within a 90-day period can lead to a Class 4 felony. A Class 4 felony for bad checks carries a punishment of between one and three years of jail time and a fine of up to $25,000.

A first-time offender who writes a bad check for less than $500 may face a charge for a Class A misdemeanor, which carries a punishment of up to a year of jail time and fines of up to $2,500.

Other potential penalties for writing bad checks include probation and being made to pay restitution to those affected by the bad checks.  

Contact a Naperville, IL Fraud Defense Lawyer

Illinois takes deceptive practices seriously, and writing bad checks can lead to harsh legal consequences. If you are facing charges for writing bad checks, contact a Naperville, IL criminal defense attorney as soon as possible to understand your next steps.

Attorney Nathe will review the circumstances of your case and advocate for your rights in order to minimize the impact of these charges on your record. Contact the Law Office of Philip R. Nathe at 630-416-7600 for a free consultation.