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A “bad check” in Illinois is defined by several key factors. Writing a check from an account with insufficient funds is one primary cause. Bad checks also include fraudulently obtained checks and checks issued from accounts that are either already closed or are non-existent. Illinois law specifically addresses this through statutes in 720 ILCS 5/17-1.
Illinois uses a stringent approach to deter and address check fraud. The penalties range from fines to potential jail time. Illinois also allows for civil liability in bad check cases. For those accused of issuing bad checks, legal representation from experienced criminal defense firms like Hirsch Law Group can provide essential support.
Issuing bad checks in Illinois falls under the criminal offense of deceptive practices. In relation to bad checks, a person commits a deceptive practice when they issue or deliver a check that they know will not be paid with the intent to obtain control over or pay for property, labor, or services of another or to satisfy a tax obligation.
Alternatively, it will also count as a deceptive practice where the check is issued to pay for an amount owed in a credit transaction exceeding $150 knowing that the check will fail, and then refusing to provide the necessary funds within 7 days of being notified about the bounced check.
Intent to defraud is the most crucial element in this crime. This is basically where a check is issued on an account that the issuer knows lacks sufficient funds to defraud the holder of the check typically of a property or service already obtained. Delivering a check from a real or fictitious account, knowing there are insufficient funds, fulfills the criteria for a bad check. Furthermore, under Illinois law, if a check bounces on two occasions at least seven days apart, it is considered strong evidence of intent to defraud.
Issuing a bad check in Illinois can lead to significant consequences. There are civil and criminal penalties depending largely on the amount of the check and whether it’s a first offense or a repeated violation.
The law outlines civil liability 720 ILCS 5/17-1(e), requiring the issuer to pay the check amount within 30 days after receiving a demand by certified mail. A failure to do so could lead to an award of damages to the sum of triple the amount of the check (not less than $100 nor more than $1,500) in addition to attorney’s fees and court costs.
Civil claims are typically brought in a small claims court in Illinois or any other appropriate court by the plaintiff i.e., the person to whom the bad check was issued.
As for criminal penalties, this offense is often classified as a Class A misdemeanor. However, where the check is used to obtain property, if the value of the property is more than $150 in a single transaction or separate transactions carried out within 90 days, the crime becomes a Class 4 felony. Furthermore, the commission of a deceptive practice via issuing a bad check is a Class 4 felony when done for a second or subsequent time.
A Class A misdemeanor is the most serious class of misdemeanor offenses. It attracts a prison term of less than a year and a fine of up to $2,500. Meanwhile, a Class 4 felony is the least severe felony classification. However, it attracts imprisonment for a term of between 1 to 3 years and 3 to 6 years for an extended term. In addition, it could attract a fine of up to $25,000.
Hirsch Law Group offers skilled legal representation for those charged with a variety of criminal offenses in Illinois, including the criminal offense of issuing bad checks. Our attorneys are knowledgeable about the state’s criminal laws and have extensive experience handling check fraud cases, in particular.
We provide comprehensive legal advice on issues ranging from check fraud to other deceptive practices. When facing accusations of passing a bad check, our attorneys meticulously analyze the details to build a robust defense.
A major part of our work involves defending against charges such as:
Deceptive practices
Misrepresentation
Possession of stolen checks
Bank related fraud
False statement representing identity fraud
False or deceptive statement bank fraud
Issuing bad checks
Our team can help clients understand the implications of whatever charges they are facing. We then work together to craft a suitable defense to limit or altogether dispel the potential penalties involved.
We also provide legal representation for business or financial institution-related check fraud. Our goal is to minimize financial as well as criminal repercussions while protecting the client’s interests. Engaging with Hirsch Law Group means gaining access to experienced legal professionals who can navigate complex cases such as those involving deceptive practices. We focus on practical solutions, ensuring our clients can manage their legal challenges effectively.
We service multiple locations, making it easy to access top-tier legal assistance across different Illinois counties. By leveraging our knowledge and experience in criminal defense, we offer clients a clear path through the intricacies of Illinois bad check laws.
If you’re dealing with legal issues related to bad checks in Illinois, Hirsch Law Group is here to help. Our skilled attorneys offer comprehensive legal services to address your concerns. Those seeking a free initial consultation can schedule an appointment with our attorneys to discuss your case in detail.
Clients facing charges involving bad checks can benefit from our thorough knowledge of Illinois laws. Hirsch Law Group’s attorneys are committed to guiding you through every step, from initial consultation to courtroom defense. We provide tailored advice and aggressive representation to protect your rights.
We encourage you to contact us to explore your legal options and develop a robust defense strategy. Get in touch with Hirsch Law Group to secure experienced legal representation in your bad check case.
