Although there is a presumption of guilt in most bad check cases, there are a few effective defenses for fraudulent check charges in Las Vegas. The most common check fraud defenses include the following:
Another Person Wrote The Check: In many cases, false check fraud accusations stem from identity theft. For example, someone steals your checks, forges your signature, and attempts to purchase services or goods. In this case, an experienced check fraud defense attorney can hire a forensic expert witness to help prove your innocence.
You Paid The Amount of The Check Within Five Days: Generally, if an individual facing check fraud allegations pays their outstanding debt within five days, Nevada no longer considers their intentions fraudulent. It’s important to note that casinos typically give defendants ten days or more before pursuing legal action.
You Were Incapacitated: Suppose you were seriously sick or otherwise incapacitated at the time your check bounced. In that case, your criminal defense lawyer may be able to provide enough evidence of your incapacitation to dilute the prosecution’s case against you. However, incapacitation alone doesn’t guarantee that your charges will be dropped.
It’s important to note that bankruptcy is not a viable defense in most cases. That’s because casino markers and bad checks are non-dischargeable debts in bankruptcy unless your criminal charges are dismissed.
Generally, if you’ve been accused of writing a bad check, one of the best check fraud defenses is to speak with the individual or business and come to a repayment agreement before the Bad Check Unit of the DA’s Office in Las Vegas gets involved.
However, if you’ve been falsely accused of writing bad checks and want to clear your name, it’s essential that you consult with a lawyer for bad checks in Las Vegas as soon as possible. Otherwise, you risk a criminal record, check fraud penalties, and restitution payments.