Bad Checks

You may not have seriously considered the repercussions if you wrote a bad check. It may have been an honest mistake: maybe you  thought your account had the money to cover it. Or maybe you just made a mistake at a stressful and difficult time.  Now, however, you are facing criminal charges and your future is at stake.

Criminal Charge in Kansas City? Call Attorney, Mark Hagen at (913) 871-1007.

Writing a bad check is something that can happen in times of financial stress. Whether you were laid off or were simply having a hard time making ends meet, we understand the stress you are under. And a simple mistake or lapse in judgment shouldn’t result in harsh penalties and a criminal record.

When facing charges for writing bad checks in Kansas, I’m sure you are wondering what to expect in court. You may be nervous about having to pay more out of pocket for fines or even worried about serving time in jail. But good legal advice and aggressive representation can alleviate those fears, and take some of the risk and stress out of this difficult situation.

Successful Cases – Bad Checks Charges in Kansas

Having worked in area courts for years, I know what to expect when we go to court. I have handled numerous bad check cases and have had many excellent outcomes, that result in no criminal charges.

In some situations I have even been able to work with the prosecution to get charges dropped in exchange for restitution. This simply means you might be able to pay the company back for the bad check and be done with it.

It’s my job, as your defense attorney, to look at your options and explain them to you in a way that makes sense. In order to do this I need to hear about the specifics of your case.

Kansas Bad Checks Offense – Penalties

Facing any criminal charge is never easy. Knowing what you are up against and the potential sentence under Kansas law you could receive may be a mixture or reassurance and dread. While your bank can assess fees for bounced checks and such, criminal charges can be filed when you write a check that will not clear the bank.

Whether you wrote a check on a closed account or wrote one that you didn’t have the money to cover, you could be facing bad check charges and the following potential outcomes:

Amount of Check(s) Criminal Charge Potential Sentence for Bad Checks
Less than $1,000 Class A misdemeanor Fines reaching $2,500 and up to 1 year in prison
Less than $1,000 but prior conviction within 5 yrs. Level 9 felony 5-17 months (typically 6 months if 2nd offense)
$1,000- $25,000 Level 9 felony 5-17 months (typically 6 months if 2nd offense)
$25,001- $100,000 Level 7 felony 11-34 months (typically 12 months for 1st offense)

All bad check charges are considered non-person offenses.

If you write more than 1 bad check in 7 days, the combined amount is used to determine the charge.

Ref: KSA 21-3707

Kansas Forgery Laws

A similar and related charge of financial fraud in Kansas is that of forgery. Forgery is committed when you make, alter, deliver, or even possess any written document or “instrument” in a way to make it seem as if it has made by another person and you do so with intent to defraud (gain financial benefit).

This offense can apply to forged checks, credit cards, or any financial or legal document. Forgery is a Level 8 non-person felony and carries mandatory sentence. If you are convicted you could face 7-23 months in prison as well as other mandatory elements.

If you have prior forgery convictions they will be used to determine certain mandatory penalties of your sentence.

Kansas Forgery Penalties

With a forgery conviction, you are always facing a potential 7-23 months in prison. You could also face the following penalties for forgery:

  • 1st offense: Fines of $500 or the value of the forged instrument, whichever is less.
  • 2nd offense: Mandatory 30 days in jail and $1,000 in fines or the value of the forged instrument, whichever is less.
  • 3rd or subsequent offense: Mandatory 45 day jail sentence and fines of $2,500 or the value of the forged instrument, whichever is less.

If this marks a multiple conviction for you, you are looking at a mandatory incarceration period. With my help you may be able to get your charges reduced to a lesser offense or perhaps be entitled to probation.

Ref: KSA 21-3710

Free Consultation Bad Checks or Forgery Charges in Kansas

One thing is certain, as your attorney I will work to get you the best possible results. I will work with you, and help you get through this unpleasant experience as painlessly as possible.

Call me today to discuss your case and see how local experience can make a difference in a Kansas City criminal defense attorney.