Issuing a Bad Check (New York Penal Law 190.05), is one of the least serious fraud type crimes handled by. It is a “B” misdemeanor punishable by up to 90 days jail,. Should you be convicted of this crime, it could put a very bad mark on your record and be prepared to place your immigration status in serious jeopardy. Certainly you will need the experience of a .
simple terms, one is guilty of NY PL 190.05 for Issuing a Bad Check if
they deliver a check to another person knowing that you or the person
for whom you are uttering or passing the check does not have sufficient
funds to cover the check. Additionally, you must intend that when the
receiver of the check deposits it, payment will be refused and it is in
Making things tougher when facing the charge of
Issuing a Bad Check, the law provides for many damaging presumptions
found under New York Penal Law 190.10.
Specifically, if the
drawer has non-sufficient funds in his or her bank account to cover that
check, the law permits a judge to issue a ruling that allows a jury (or
him or herself if there is a bench trial), to infer that the drawer
knew the account lacked the funds. Also, another presumption that you
intentionally issued a bad check is permissible if you actually issue a
check from an account that is closed.
Despite the law apparently
being stacked against a person arrested or accused of Issuing a Bad
Check in Buffalo or the adjacent Towns and Villages there are practical
and statutory defenses. Whether any of these will work for you is
something that you and your counsel should discuss and potentially
implement as soon possible.