If you are charged with Check Fraud in Weld County (CRS 18-5-205), there are a couple of elements involved that a prosecutor must prove to the court before you can be found guilty. It isn’t enough to have a check bounce; every one of us has had this happen at one point or another because of sloppy bookkeeping. These standards are the same across Weld County in Windsor, Greeley and Erie. The Colorado Statute (CRS 18-5-205) states that any “person knowing he has insufficient funds with the drawee, who with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or thing of value, commits fraud by check.”
Now, we’ll break it down into English. Before you can be proven guilty of check fraud, your prosecutor must prove in court that you:
- Knew you had insufficient funds in the account.
- Wrote the check with the intent to defraud, (cheat) the payee.
Now, you might wonder how someone could know they had insufficient funds, but not intentionally try to cheat the bank. Have you ever written a check with the thought that you would deposit money before your check cleared? That looks like check fraud to a prosecutor.
Last week in Pennsylvania, a man was arrested for check fraud after he was paid an inaccurate amount via direct deposit. After the mistake was discovered, the man agreed to return the funds, but when his employer tried to withdraw the money from his account, it was gone. And, so was the man – who had fled. It would have been much wiser to face the consequences with an experienced attorney by his side.
Here at the O’Malley Law Office, we understand that mistakes are made. We seek to understand your side of the story so that we can give you the best opportunity for a dismissed case. If you or someone you care about is charged with Check Fraud in Weld County, don’t talk to police. Innocent people have much to lose, and saying the wrong thing can be much more costly than saying nothing at all. Be smart, exercise your right to remain silent, and call us at 970-616-6009, or submit this form. Together, we can protect your future.
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