Hot Checks are more Serious than You may Think

In today's world of check cards and lag time between a purchase and its appearance on your bank statement, the risk is greater than ever that you may unintentionally write a bad check. Beyond the emotional distress, any fees imposed by your banking institution, and the party to whom the check was written, you may also be subject to criminal and civil penalties.

The potential punishment for bounced checks in Texas varies depending upon the amount of the check, and not the amount of overdraft. Value distinctions and penalties are as follows:

• Check less than $20.00: A Class C Misdemeanor with a potential fine of $500.00.
• Check between $20.00 and $500.00: A Class B Misdemeanor with a potential fine of $2000.00 and sentence of up to 180 days in county jail.
• Check between $500.00 and $1,500.00: A Class A Misdemeanor with a potential fine of $4,000.00 and sentence of up to 1 year in county jail.
• Check greater than $1,500.00: A felony offense with the possibility of a sentence of 2 years or longer. Fines may also be imposed.

To make matters more difficult, Texas law presumes awareness that the account upon which the check was drawn held insufficient funds at the time of writing, so arguing that you simply "didn't know" that the check would bounce will not help your defense. It is absolutely imperative to consult an attorney if you find yourself in a situation where you are facing prosecution for theft by check.

Speak with an Austin Hot Check Lawyer

If you or someone you know has been charged with theft by check, contact the Austin hot check lawyer, Ian Inglis, at 800.589.1808.