Chicago Criminal Lawyer Blog
Protecting Your Rights When Accused of Check Fraud in Illinois
Being accused of writing a worthless check in Illinois is serious. It can lead to criminal charges, a tarnished reputation, and even jail time. I’ve represented many clients in these situations, and it’s important to understand both the legal process and the defense options available. If you’re facing a charge for writing worthless checks, having a clear picture of what’s at stake and how a criminal defense attorney can help is crucial. Let’s talk about what happens when you’re charged with writing worthless checks in Illinois and how I can help guide you through it.
What is Considered a “Worthless Check” in Illinois?
In Illinois, writing a worthless check, also known as check fraud, occurs when someone knowingly writes a check without having enough funds in their account to cover the amount. Illinois law takes check fraud very seriously, and even an innocent mistake can lead to criminal charges.
Under Illinois law, specifically 720 ILCS 5/17-1(B), writing a check with the intent to defraud or deceive the recipient is considered a deceptive practice. Intent is key here. Prosecutors must prove that you knowingly wrote a bad check with the intent to cheat the other party. This statute lays out the criminal implications of writing a check when you either know you don’t have enough funds in the account or you purposefully close the account before the check clears.
What Happens When You’re Charged?
Being charged with writing a worthless check can be confusing, especially if you didn’t intend to commit a crime. Illinois categorizes check fraud based on the value of the check:
- If the amount is less than $150, it’s typically charged as a Class A misdemeanor.
- If the amount is more than $150, the charge becomes a Class 4 felony.
- Multiple checks or offenses can escalate the charges to more serious levels.
It’s important to note that even misdemeanor convictions can have long-term consequences. Not only are there potential fines and jail time (up to a year for a misdemeanor), but a conviction could harm your employment prospects, financial opportunities, and overall reputation.
Common Defenses Against Worthless Check Charges
Now that you have a basic understanding of the charges, let’s look at how we can fight them. There are several potential defenses I may use, depending on the specifics of your case:
1. Lack of Intent to Defraud
The prosecution must prove that you knowingly and intentionally wrote a check knowing that it would bounce. If there was no intent to deceive, then you have a strong defense. For example, if you believed there were sufficient funds in your account at the time or if the check bounced due to a bank error, this could cast doubt on the prosecution’s case.
2. Post-Dated Checks
If you provided a check that was post-dated, and the check bounced before the agreed-upon date, this may serve as a defense. The check should not have been deposited before the agreed date, and this can demonstrate that there was no intent to defraud.
3. Repayment of Funds
While this doesn’t necessarily negate the crime, if the amount of the check has been repaid or settled, it can sometimes result in reduced charges or favorable negotiations with the prosecutor.
4. Bank Errors
Mistakes do happen, and bank errors can cause a check to bounce even when funds are available. Documentation from the bank proving an error can serve as a solid defense in your case.
The Importance of Legal Representation
Hiring a skilled defense attorney can make a world of difference in how your case is resolved. As your attorney, I’ll examine every detail of your case, from the bank records to the circumstances under which the check was written. Here’s how I help protect you from the consequences of a conviction:
1. Legal Expertise and Courtroom Knowledge
The Illinois legal system can be complicated. You need someone who understands the specific nuances of Illinois check fraud laws and can navigate the legal terrain on your behalf. I’ll challenge the prosecution’s evidence and build a defense strategy that works for you.
2. Negotiating Reduced Charges
If the prosecution has strong evidence, I can often negotiate with them to have the charges reduced. This may involve working to reduce a felony charge to a misdemeanor or pushing for alternatives like deferred prosecution programs. Keeping you out of jail and preserving your record is always my priority.
3. Pretrial Diversion Programs
In some cases, Illinois offers diversion programs for first-time offenders. These programs allow you to avoid a criminal conviction altogether if you meet certain requirements, such as repaying the amount and completing community service. I can assess whether you qualify and advocate for your participation.
4. Fighting for Dismissal
Depending on the facts of your case, I may be able to argue for a complete dismissal of the charges. This is most likely when the prosecution’s evidence is weak, or there was an obvious lack of intent to defraud.
Consequences of a Conviction
If you’re convicted of writing a worthless check, the penalties can be severe, even for a misdemeanor. You could face fines of up to $2,500 and jail time. For a felony, you could be looking at up to three years in prison and significant fines. Beyond the courtroom penalties, a conviction will leave you with a permanent criminal record, making it difficult to find employment, secure housing, or qualify for loans. That’s why fighting these charges is so critical.
Why Hiring a Private Attorney Makes a Difference
Public defenders are available to those who qualify, but their caseloads are often overwhelming. Hiring a private attorney ensures that your case gets the personalized attention it deserves. When you work with me, I prioritize your defense and work tirelessly to minimize the impact of these charges on your life.
Here’s how I can help:
- Personalized Defense Strategy: I develop a strategy based on the facts of your case. Whether we’re fighting the charges outright or working for a reduction, I tailor my approach to get the best possible outcome for you.
- Communication with Prosecutors: I regularly communicate with prosecutors to explore all options, from reduced charges to alternative programs.
- Comprehensive Investigation: I will dig deep into the evidence, seeking out witnesses, checking bank records, and uncovering every potential issue with the prosecution’s case.
- Protection of Your Record: I know how important it is to keep your criminal record clean. I’ll fight to avoid a conviction whenever possible.
Protect Your Future—Let Me Help You
When you’re accused of writing a worthless check in Illinois, it’s easy to feel overwhelmed. You might be worried about jail time, fines, or how this charge could affect your future. But with the right defense, it’s possible to fight the charges, reduce them, or even get them dismissed altogether. Don’t face this alone.
Contact our Chicago criminal defense attorney David Freidberg, founding attorney for The Law Offices of David L. Freidberg, for skilled legal representation. We offer a free consultation when you call us at (312) 560-7100 or toll-free at (800) 803-1442.
Frequently Asked Questions About Illinois Worthless Check Charges
What happens if I accidentally wrote a check with insufficient funds?
Accidentally writing a check that bounces isn’t always a crime. If you can show that it was an honest mistake—perhaps due to bank errors or miscommunication—this could serve as a defense. The prosecution must prove that you intentionally wrote the check knowing there were insufficient funds.
Can I be charged with a felony for writing a bad check?
Yes, in Illinois, writing a worthless check for an amount over $150 can lead to felony charges. Felony charges carry much more severe penalties, including potential prison time and larger fines. It’s essential to consult with a defense attorney if you’re facing felony charges.
Will I go to jail for writing a bad check?
It’s possible, but it depends on the circumstances. A Class A misdemeanor could result in up to a year in jail, while a Class 4 felony could lead to three years in prison. However, with a strong defense, it’s possible to avoid jail time, especially for first-time offenders or if the check amount is relatively low.
Can I resolve the charge by paying back the check amount?
Repaying the check amount can sometimes help, but it won’t automatically make the charges go away. It could, however, be used as part of a negotiation to reduce the charges or secure a favorable outcome, such as probation or participation in a diversion program.
Can a check fraud charge be expunged from my record?
If you’re convicted of writing a worthless check, the ability to expunge or seal your record will depend on the outcome of your case. Certain misdemeanor charges may be eligible for sealing, but felonies are typically more difficult. Working with a defense attorney can increase your chances of minimizing the impact on your record.
What should I do if I’ve been charged with writing a bad check?
The first step is to contact a criminal defense attorney who has experience handling check fraud cases. Your attorney will review the details of your case, help you understand the charges, and work to develop a defense strategy that protects your rights.
Contact Us For Your Free Consultation
If you are facing DUI charges in Chicago, Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation when you call us at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients in and around Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you fight for your future.
