Writing, or passing bad checks is a crime in Michigan. You can be charged with a felony, and face up to two years in jail and a $500 fine for either:
- writing a check on a bank for which you do not have a valid account
- writing a check on a bank account for which you know you do not have sufficient funds in the account; i.e. with intent to defraud
Can I Beat a Michigan bad checks charge?
Yes, there are several excellent defenses. If you had a legitimate account, but it didn’t have enough money in it, you can argue that you never intended to write a bad check. The prosecution will have to make the case beyond a reasonable doubt that you absolutely knew you didn’t have enough cash in your bank account to cover the check.
The other common strategy in avoiding a criminal conviction for bad checks in Michigan courts is working out a deal for restitution in exchange for the person dropping the charges. No one really wants to take you to court. They just want their money back. In some cases, you may be able to work out a payment plan, or maybe cut a deal for less money.
I can help you with this if your goal is to avoid a permanent criminal record, which makes sense. IF you can get around this, it is generally a good deal, unless the prosecution has little chance to prove the charges.
Get a Criminal Case Evaluation on Michigan Bad Checks Offenses
Contact us for a case evaluation and we’ll let you know how we can help.
See: Michigan Bad Checks Statues: MCL Section 750.131a