Are you being charged with check fraud in Birmingham, AL? This charge can have potentially severe and lasting repercussions for your life.
If you find yourself in this situation, the most important step you can take is to speak with a Birmingham criminal defense lawyer as soon as possible. At Jaffe, Hanle, Whisonant & Knight, P.C., we have over 100 years of combined experience. Our team is here to help.
Contact our law office at (205) 930-9800 to schedule a free consultation with a Birmingham check fraud lawyer.
Why Choose Jaffe, Hanle, Whisonant & Knight to Help Me if I’m Arrested for Check Fraud?
If you’ve been accused of check fraud in Birmingham, Alabama, it matters what legal team you have next to you. At Jaffe, Hanle, Whisonant & Knight, we have a track record of getting results in complex check fraud cases across Alabama.
Here’s what makes our Birmingham criminal defense attorneys different:
- We’ve been recognized by Super Lawyers, The National Trial Lawyers, and Martindale-Hubbell.
- We have experience in local and federal courtrooms, so we’re comfortable handling even the toughest cases.
- We have over 75 five-star ratings on Google.
Contact our law office to arrange a free consultation with a Birmingham white collar crimes attorney.
Overview of Check Fraud in Alabama
In Alabama, check fraud is charged under the state’s forgery laws. Forgery happens when someone, with the intent to trick or cheat another, fills out or changes a written document, like a check, contract, deed, or will, so that it isn’t genuine.
This means that forging a signature on a check, changing numbers or amounts, making a fake check, or even using another person’s legitimate check without permission can lead to a forgery charge. If you find yourself accused in one of these situations, it’s important to know you’re facing a serious offense with major consequences.
Negotiating a Worthless Negotiable Instrument
Check fraud in Alabama can also be prosecuted under Alabama Code § 13A-9-13.1, which covers negotiating worthless negotiable instruments. This law makes it illegal to issue or deliver a check knowing, intending, or expecting that the bank will not honor it.
The law is broad and includes anyone who knowingly writes bad checks, whether they have no account with the bank, knowingly give a check with insufficient funds, or fail to pay the amount due (plus a service charge set by law) within ten days of getting formal notice that the check bounced.
What Are the Penalties for Check Fraud in Alabama?
Penalties for check fraud can vary widely and depend on the specific circumstances of the case. For less severe misdemeanor cases, you might face up to one year in jail, but you may not end up getting sentenced to incarceration at all. However, more serious forgery charges can lead to felony charges, where punishment could include several years or even decades in state prison and significant fines.
What Defenses Can Be Raised if I’m Arrested for Check Fraud?
If you’re facing check fraud charges in Alabama, you do have options for defending yourself. The strongest defense depends on the facts of your case, so it’s important to discuss all details with your attorney.
Lack of Intent
To win a check fraud case, prosecutors must prove you knowingly meant to commit fraud. If you didn’t realize your account was overdrawn or thought funds were available, your criminal defense lawyer may be able to challenge the claim of intent.
Banking Mistakes or Payment Delays
Errors by the bank, delays in check processing, or problems like holds on deposits can sometimes cause unintentional bounced checks. Proving this can show you didn’t act with criminal intent.
The Check Was Repaid or Settled
If you made good on a bounced check by covering the missing funds (plus any required fees) within the legal time frame after being notified, you may be able to have your charges dismissed.
False Accusations or Identity Theft
Occasionally, stolen checks or a forged signature may make someone look responsible when they really aren’t. Pointing out gaps in how identity was verified may convince the court to examine the evidence more closely.
Working closely with a knowledgeable lawyer gives you your best shot at finding a way forward without facing a conviction.
Schedule a Free Case Evaluation With Our Birmingham Check Fraud Lawyer
A check fraud charge can harm your future, but you don’t have to face the legal system alone. With the right Birmingham defense lawyer by your side, you can fight for fair treatment and work toward putting the charges behind you. Our Birmingham check fraud attorneys have over 100 years of combined experience.
Call Jaffe, Hanle, Whisonant & Knight to schedule a free case evaluation.