Bad Check Issuance
Miami Dade County and Broward County experience a fair share of bad check encounters. Most people who have had a checking account have written at least one bad check, by accident or otherwise. Often, the issuance of bad checks occurs because a defendant has made an error in calculation and is mistaken for having committed an intentional crime. Language barriers in Broward County and Miami Dade County only add to the number of cases that end up in criminal court with two lawyers fighting over whether the defendant had the intent to commit a crime. To prove the criminal violation of Bad Check Issuance, the State Attorney must prove beyond a reasonable doubt that the criminal suspect drew, made, uttered, issued, and delivered a check on a bank account for which there was not sufficient money on deposit in the bank to pay the check, or where the criminal suspect knew that he or she had no arrangement or understanding with the bank for the payment of the check when it was presented. The check issued had to be in the amount of $150.00 or more. The criminal suspect has a strong defense if it is proven that the bank knew there were insufficient funds to honor the check, or where the check was post dated. A criminal defense lawyer can be an invaluable asset in helping to explain to a judge or jury that the issuance of a bad check was due to an honest mistake or else due to an administrative lag at a bank or financial institution. Fort Lauderdale and Miami have countless banks with many new employees and trainees. As a result, these banks may take longer to process checks drawn from their accountholders’ accounts. They are often dealing with out of state banks because so much of South Florida, Miami Dade County and Broward County in particular, is comprised of out of state citizens and people from all over the world.
Kenneth P. Hassett is an experienced and reputable criminal defense attorney who represents many people who have been charged with issuing a bad check. Kenneth P. Hassett has been in practice in the Miami, Fort Lauderdale, Broward County, and Miami Dade County areas since 1991. Call Hassett and Associates, P.A. for a free consultation 24 hours per day seven days per week.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.