Accused of Writing a Bad Check in Weld County?
What Happens With an Issuance of Bad Check Charge in Greeley, Colorado

Facing a Bad Check Charge? Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009. 

Have you been accused of Issuance of Bad Check or Writing a Bad Check in Weld County? Issuing a check that you do not  have money for in your account is a criminal offense in Greeley courts. The defense lawyers at the O’Malley Law Office can help you prove your innocence in the Weld County Courts and possibly avoid jail time. Let our skilled lawyers help you. Below, our attorneys will discuss Issuing a Bad Check. If you are facing an Issuance of Bad Check charge in Larimer County, get help here.

What is the Legal Definition of Issuance of Bad Check, C.R.S. 18-5-512, in Greeley, Colorado?

In Greeley, the legal definition of Issuance of Bad Check, C.R.S. 18-5-512, is:

 

(3) Except as provided in section 18-5-205, a person commits a petty offense if the person issues or passes a check or similar sight order for the payment of money, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.

(3) This section does not relieve the prosecution from the necessity of establishing the required knowledge by evidence. However, for purposes of this section, the issuer’s knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if:

(a) He has no account with the bank or other drawee at the time he issues the check or order; or

(b) He has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty days after issue.

What is the Definition of “Insufficient Funds” in, C.R.S. 18-5-512, in Weld County?

The Definition of “Insufficient Funds” in, C.R.S. 18-5-512, in Weld County is:

 

Insufficient funds” means not having a sufficient balance in account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment and it remains unpaid thirty days after such presentment.

Penalties and Sentence for Writing a Bad Check in Windsor and Longmont, Colorado?

In Windsor and Longmont, Colorado, the sentence for Writing a Bad Check is a petty offense with penalties of up to 10 days in the Weld County Jail and a fine of up to $300. Restitution or paying the person or establishment that was not paid, may also be a part of the penalties.

While a petty offense does not appear to be a terrible thing to have on your record, Issuance of Bad Check will tell creditors and future employers that you are either dishonest or a poor money manager.  If you can’t manage your money, a future employer is likely to have concerns with your ability to manage that company’s money.  Finally, in some cases, District Attorneys will also charge you with Theft, C.R.S. 18-4-401, if you take an item with no intent to pay for it – which occurs when you don’t have the money in your checking account. There is nothing in Colorado law which says you can’t be charged with more than one crime.

Why Hire a Top Weld County Lawyer for an Issuing a Bad Check Charge?

Facing a criminal charge for Issuing a Bad Check charge may not seem like a big deal, however having a top Weld County lawyer can make a difference in the outcome of your case. Depending on the facts of your case, the defense lawyers at the O’Malley Law Office can help you win your case. Sometimes, it is fair for you to think that your paycheck should be in your account, but the funds were not there or went to the wrong account. We understand that mistakes happen, and we want to help you. A petty offense can still result in loss of work or financial burden.

If you or a loved one are facing a Bad Check Charge and are headed to the Weld County Courthouse, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009.

The Weld County Courthouse is located at 901 9th Avenue, Greeley, Colorado. We will see you there.

Photo by Karolina Grabowska