Miami Worthless Check Attorneys

Are you facing charges for writing a bad check or using a debit card with insufficient funds in Miami, Florida? Our experienced Miami worthless check attorneys understand the stress and uncertainty that come with these charges and are here to help you navigate the legal system.

Understanding Florida’s Bad Check Laws

Under Florida Statute § 832.05, issuing a check or using a debit card while knowing that sufficient funds or credit are unavailable can be a crime. The statute also separately prohibits cashing or depositing an item with intent to defraud. A bounced check alone does not establish either offense.

If the accusation involves creating a false check, changing its amount, or signing another person’s name without permission and with intent to injure or defraud, check forgery charges may also be involved. Those allegations raise different issues from whether the account had enough money to cover the check.

An attorney can review the bank records and circumstances of the transaction to determine whether the evidence supports a criminal charge.

Penalties for Worthless Check Offenses in Florida

Penalties vary based on the amount involved and the circumstances of the alleged offense:

Misdemeanor Charges

Issuing a worthless check or obtaining goods or services through one generally constitutes a first-degree misdemeanor when the check is for less than $150. The standard maximum penalties are one year in jail and a $1,000 fine.

Felony Charges

Under section 832.05(4), obtaining goods or services through a worthless check for $150 or more is a third-degree felony. For issuing a worthless check under subsection (2), the felony provision also requires that the payee or a subsequent holder receive something of value for it. Cashing or depositing an item with intent to defraud under subsection (3) is a third-degree felony regardless of amount. A third-degree felony generally carries up to five years in prison and a $5,000 fine, although sentencing enhancements or higher fines may apply.

Obtaining Property or Services Through Worthless Checks

Section 832.05(4) prohibits obtaining goods, services, or other things of value through a check or debit-card transaction while knowing that sufficient funds or credit are unavailable. The misdemeanor or felony classification turns on the amount of the check or debit-card order.

The prosecution must prove the required knowledge at the time of the transaction. Bank records, available credit, and communications with the recipient may help establish a defense.

Common Defenses in Bad Check Cases

Not every bounced check is a crime. Depending on the charge and the facts, defenses may include:

• Lack of knowledge – You did not know that the account lacked sufficient funds or available credit when you issued the check or used the debit card.
• The recipient knew – The person accepting the check knew, had been told, or had reason to believe that sufficient funds were unavailable.
• Postdated check – Florida’s worthless-check statute excludes postdated checks.
• Disputed identity or authorization – You did not issue or authorize the check or transaction.
• Lack of intent to defraud – For a charge of fraudulently cashing or depositing an item, the prosecution must prove intent to defraud.

Paying a dishonored check does not, by itself, provide a defense or require dismissal of criminal charges.

Our Miami worthless check attorneys will carefully review the facts, banking records, and state evidence to identify all defenses available in your case.

Why You Need an Experienced Miami Bad Check Attorney

Bad check charges can be frightening because their consequences extend far beyond fines or incarceration. A conviction can damage your reputation, affect employment, harm your credit, jeopardize professional licensing, and create barriers to housing and educational opportunities.

Contact an Experienced Miami Bad Check Lawyer

If you have been charged with a crime involving a worthless check or insufficient funds, you must speak with an experienced Miami bad-check lawyer immediately. The sooner you have legal representation, the more options you have to protect your rights and mitigate potential consequences.

Our criminal defense attorneys have decades of experience litigating fraud and other financial crime cases in Miami-Dade County. We know how prosecutors pursue these cases and how to challenge evidence, negotiate favorable resolutions, and defend your rights in court.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or fill out our secure online intake form. The information you provide helps us evaluate your case quickly and accurately.

ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A  CRIMINAL ATTORNEY IN MIAMI DADE COUNTY OR ANYWHERE IN SOUTH FLORIDA FOR LEGAL REPRESENTATION.