What’s The Penalty For Writing A Bad Check in Texas?

December 22, 2022

In the age of frequent bank fraud and cases of identity theft, a case of writing a bad check is no longer taken lightly. The prosecution of cybercrime and online fraud has become a bigger priority for Texas prosecutors. Texas residents could be detained for issuing bad checks. In Texas, it is a crime to write a “hot check” when you know the amount you owe exceeds the amount in your bank account. A “hot check” is a bad check according to the law.

Does every “Hot Check” become fraudulent?

Many people mistakenly write checks without having enough funds in their account, especially after payday. Since most monthly bills are set to auto-draft nowadays, it’s easy to forget when those payments are taken out. In such situations, people mistakenly withdraw money from their bank accounts when there isn’t enough to cover the expense. In this case, you won’t be charged with a crime, but you might have to pay the bank a fee for having insufficient funds.

The Texas Laws Regarding Check Fraud

Writing a bad check is, in some cases, a deliberate crime. It is typically regarded as a misdemeanor in Texas. However, if the check’s value is high, prosecutors can decide to charge the offense as a felony. As a result of the widespread installation of security cameras in companies and banks, law enforcement can now pinpoint the precise moment a suspect attempted to use a fraudulent check and might use that against them in a court of law.

The maximum sentence for anyone found guilty of writing fraudulent checks in Texas is two years in prison and a $10,000 fine. Some criminal defendants opt for a guilty plea in return for a lesser sentence. Before accepting the prosecution’s offer of a plea bargain, we advise that you consult with an accomplished attorney in Montgomery County, TX. It might be wiser for you to engage in negotiations with them or go to trial if they don’t have enough evidence to support their claims.

Additional Risks of Check Fraud

Writing a bad check has other repercussions in addition to potential jail time. You could be prosecuted for identity theft if you write a bad check from another’s account and will be subject to further punishment if charged. You may also be required to pay a fine and will have a criminal record if found guilty. Your credit score will drop due to your record showing up on your credit report making it difficult for any loan you may need in the future to be accepted.

Therefore, to avoid such problems, be mindful of writing cheques when unsure of the amount that is currently in your bank account.

About Steve Dennis, Criminal Defense Attorney in The Woodlands, TX

At Steve Dennis, Attorney at Law in Montgomery County, TX, we prioritize your case and invest our time, effort, and almost 30 years of experience in providing you with the best guidance. Our clients trust us because we possess the experience and skills to win their cases. For more information, contact us at (936) 539-1234, email us at stevedennislaw@yahoo.com or fill out our contact form to hear back from us.