Obtaining Property for a Worthless Check

Florida Worthless Check Attorney

The criminal offense of obtaining property for a worthless check is a common offense in Florida, including Tampa or Plant City, Hillsborough County, St. Petersburg or Clearwater, Pinellas County, Bartow, Polk County, and New Port Richey Dade City, Pasco County. The worthless check charge in Florida is considered a "crime of dishonesty" or an impeachable offense meaning that it can effect your ability to find employment long after the criminal case is resolved.

An Attorney May Help You Save Money and Your Record

The courts and prosecutors in Florida are primarily concerned with the payment of restitution to the alleged victim as soon as possible. If you can work with an attorney to avoid many of the pitfalls that go along with this charge you may ultimately save not only your criminal record, but also money that would otherwise be paid for bond, fines and court costs, probation supervision fees, and other expenses that go along with an arrest and prosecution. In a worthless check case, the payee may also file a civil suit against you to seek damages of up to three times the actual damages (or face amount written on the check), as well as attorney fees, bank fees and court costs.

If you have been arrested for obtaining property for a worthless check or if you have an outstanding warrant for a Florida worthless check case, contact an attorney at the Sammis Law Firm to discuss your case today at 813-250-0500. We can help you find the best solution so that you receive the best possible result in your case.

Florida Statute Section 832.05 include a situation in which an individual writes a check to obtain some property or service from another individual when the person who wrote the check knows that there are insufficient funds to cover the check.

Common defenses to the charge of obtaining property for a worthless check include the following:

1. You Did Not Know the Check Would Bounce or was Worthless - Under Florida law a common defense to the criminal charge of obtaining property with a worthless check involves the "knowingly" requirement. Many people in Florida bounce a check because of difficult financial situations. The man or woman may write the check thinking that sufficient funds are in the account, but then later find out the check bounced because of account mismanagement or some other mistake that often occurs with someone under financial stress or does not properly balance their checkbook.
2. The Person Accepted the Check Knew or Should Have Known the Check was Worthless - It is a defense under Florida law to the bad check charge if the person accepting the check is notified prior to accepting the check or has reason to believe that there are insufficient funds in the bank to cover the check at the moment it is accepted. For instance, if you asked the person accepting the check to hold or delay depositing the check for even a brief period or gave the payee any other reason to believe that the check would not honored, then a defense may prevent a prosecution under Florida law.
3. Postdated Checks - It is a defense under Florida law to the worthless check charge if the person accepting the check accepts a "postdated check," because the fact that the check is post-dated indicates to the person accepting the check that there are insufficient funds in the account at the moment the check is accepted.
4. Stopping Payment with Intent to Defraud - If the person who issued the check subsequently "stopped payment" on the check, then the offense can not be prosecuted under this section of Florida law, but is instead prosecuted under Florida Statute Section.
5. Forged Check - Checks returned by the bank and stamped "Unauthorized Drawer's Signature" usually involve a a forged check can not be prosecuted under this section, but can be prosecuted under the Forged Check statute.
6. Effect of Previously Bounced Check, Bad Check, or Worthless Check - Under Florida law, the statute specifically provides that the person who accepts the check does not have reason to believe that the person who presents the check does not have sufficient funds SOLELY because the person paying with the check has previously issued a worthless check to him or her.

Paying the Check Does Not Necessarily Prevent the Prosecution

The statute also specifically provides that payment of the dishonored check, draft, bill of exchange or debit card order does not constitute a defense or ground for dismissal of the charges. Although as a practical matter, if the check is immediately paid, it is unlikely that the State Attorney's Office will go forward with a prosecution. Even after the prosecution has begun, an experienced attorney can often force the prosecutor to drop the charges in exchange for the payment of restitution, particularly when one of the above-mentioned defenses can be used in the case.

The Worthless Check Charge Can Be Charged as a Felony or Misdemeanor

The offense of obtaining a worthless check is a first degree misdemeanor in Florida when the check is for an amount less than $150.00, punishable by up to 12 months in the county jail. In the event the check is written for $150.00 or more, then the offense is a third degree felony punishable by up to five (5) years in Florida State Prison.

Reasons the Check is Dishonored

If the Bank Stamps the Dishonored Check with any of the following notations, the check can be prosecuted under the Worthless Check Statute:

• Insufficient Funds
• NSF (Non-Sufficient Funds)
• Account Not Found
• No Such Account
• Account Closed
• Closed Account
• NSF Unless Otherwise Indicated
• Refer to Maker
• Uncollected Funds

Seperate Charge for Depositing a Check with the Intent to Defraud

Under subsection 3, it is a crime for any person by an act or common scheme to cash or deposit an item in a bank with the intent to defraud, which is a third degree felony punishable by five (5) years in Florida State Prison.

Duty of the Person Accepting the Check or the Payee

The person who accepted the worthless check has certain duties and obligations when attempting to prosecute the person who wrote the worthless check in Florida, including the following:

• Notice - Prior to initiating prosecution, the person who receives the worthless check must send the following letter (sample attached) or any letter in a substantially similar form Certified Mail, Return Receipt Requested or First Class Mail.
• This letter must be mailed by First Class Mail, evidenced by the Affidavit of First Class Mailing or certified registered mail, evidenced by the return receipt.
• Notice must be mailed to the address on the check or the address given at the time the check was written. Even if the letter is returned undeliverable, this is sufficient notice under Florida Law.

You are hereby notified that a check, numbered ______, issued by you on ____________ (date) and payable to ____________________________ has been dishonored. Pursuant to Florida Law, you have 15 days from the date of this notice to tender payment of the full amount of such check plus a service charge of $_______ ** the total amount due being $__________ and ________cents.

Unless this amount is paid in full within the time specified above, the holder of such check may turn over the dishonored check and all other available information relating to this incident to the State Attorney for criminal prosecution.

You may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50.00, together with the amount of the check, a service charge, court costs, reasonable attorney fees and incurred bank fees, as provided in Section 68.065 FS.

**$25.00 if the face value of the check does not exceed $50, $30 if the face value exceeds $50 but does not exceed $300, $40 if the face value is between $300 and $800, or an amount up to five percent of the face amount of the check (whichever is greater)

• Affidavit for Criminal Prosecution of Worthless Check Case in Florida - Each county in Florida, including Hillsborough County, Polk County, Pasco County, Pinellas County, Hernando County, Sarasota County and Manatee County, has specific requirements so that the State Attorney's Office in that jurisdiction can attempt to prosecute the case. Visit the website of the State Attorney's Office in the County in which the check was given in or mailed from for more information.

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If you have been charged with obtaining property for a worthless check in Tampa, Hillsborough County, Florida, contact an experienced attorney who can help you fight the worthless check charge with the goal of keeping you out of custody.

Hire a lawyer to fight a Florida worthless check case in Tampa or Plant City, Hillsborough County, Clearwater or St. Petersburg, Pinellas County, Bartow, Polk County, New Port Richey or Dade City, Pasco County, Sarasota County, Brooksville, Hernando County, or Bradenton Manatee County, FL. For any worthless check case, call an attorney at the Sammis Law Firm to discuss the facts of your case today at 813-250-0500.

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Resource Links for Bad Check, Worthless Checks, or Dishonored Checks in Florida

Pinellas County, FL - How to Process a Bad Check - Pursuant to Florida Statute 832, no criminal charges can be filed in a worthless check case when the person accepting the check has been expressly notified...

Pasco County, FL - State Attorney's Office for Worthless Checks - Worthless Checks in Sixth Judicial Circuit of Florida the Clearwater, Pinellas County or Dade City or New Port Richey, Pasco County. The Bad Check Diversion Program (BCDP) is a program designed to obtain restitution for the payee.

Polk County, FL - State Attorney's Office Worthless Checks Program - The Office of the State Attorney, 10th Judicial Circuit, prosecutes Worthless Checks and offers a Diversion Program for Worthless Check Offenders that can avoid resolution through the court system. The advantage of this program for merchants is that it increases the speed and rate of recovery.

Hillsborough Couny, FL - Worthless Checks - Hillsborough County State Attorney's Office information for worthless checks to help victims in appropriate cases obtain restitution through prosecution in court.

Worthless Check Unit for Tampa, Hillsborough County, FL - The worthless check unit in Tampa and Plant City, FL, provides assistance to victims of bad checks in Hillsborough County, FL.

Hernando County, FL - Worthless Check Diversion - Bradenton, Hernando County program to redeem worthless checks after complaints are filed by forcing the writer to pay restitution, and additional fees and costs, before a criminal prosecution warrant is issued.

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Worthless Checks - Recent News Articles

Bad checks have become a thorn in side of some Manatee businesses - Worthless Checks in Bradenton, Manatee County. Chief Assistant State Attorney Ed Brodsky said his office has received about 5000 reports of bad business and personal checks, also known as worthless checks ...

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