Definition, Consequences, and Potential Defenses
In recent years, digital fraud, such as hostile websites that steal credit card information, has received widespread attention. But people still get arrested for writing bad checks. Commonly referred to as hot checks or check fraud, this occurs when someone knowingly or intentionally writes a check for an amount higher than what they have in their bank account. This can result in serious penalties as per Texas law.
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Potential Defenses Against Check Fraud Charges
'If you have check fraud charges against you, there are several common strategies that your defense may be able to take. However, check fraud charges are serious and require an experienced Texas white-collar crime attorney with a track record of winning check fraud cases.' Dallas white collar crime attorney John Helms
- Lack of intention. If the defense can show that a defendant was unaware that they did not have the funds to cover the amount of the check that they wrote, the defendant will not be convicted. Additionally, if the prosecution has insufficient evidence that you wrote the bad check knowingly, it will be nearly impossible for them to obtain a conviction.
- Mistaken identity. It is not especially uncommon that people charged with check fraud are actually victims of identity theft. For example, if someone stole your bank details and wrote a bad check on your behalf, you may have been arrested and charged for writing this bad check.
- Duress or coercion. If you were forced or coerced to write a bad check, you may be able to avoid a conviction.