Our office handles a large number of cases involving the offense of “Worthless Check,” also referred to by the legal term of “Obtaining Property or Services in Exchange for Worthless Check.” Under Florida Statutes ss. 832.05(4), this crime can be a felony worthless check offense or a misdemeanor worthless check offense, depending on whether the check is written for an amount that is greater than $150.00.
Many times, a “Worthless Check” charge only comes to an individual's attention after they learn that an outstanding warrant has been issued for their arrest. The typical scenario involves a situation where the following events occur:
1. A merchant or individual receives a check that is dishonored for “insufficient funds” (NSF) or a "closed account";
2. The recipient of the bad check sends a certified letter to the address on the check demanding that the check be made good. Note that this action is required for a worthless check prosecution to commence under Florida Statute ss. 832.062(4) in cases where the check was dishonored due to insufficient funds in the bank account;
3. The certified letter is returned because the person who wrote the check has typically moved from the address;
4. The State Attorney’s Office receives the check for prosecution and files a charging document or “Information” alleging the criminal offense of “Receiving Property or Services in Exchange for Worthless Check.” This has the effect of setting a court date before a Pinellas County Criminal Court Judge;
5. The Pinellas Clerk of Court sends a “Notice to Appear” requiring the check writer of the upcoming court date to the check writer at the address on the check;
6. Of course, the notice of the court date is never received because the check writer has long since moved from the address; and
7. At the scheduled court date, the check writer is not present because they never received notice of the court date. At that point, the judge issues a warrant for their arrest.
Given this very common set of circumstances, many of our clients are tremendously surprised to learn that a Pinellas County warrant for their arrest exists and that law enforcement is actively seeking to take them into custody. Fortunately, we are St. Petersburg / Clearwater criminal defense lawyers with a recognized reputation for excellence in the Pinellas County legal community.
The first step is to set an expedited court date before the judge assigned to your case. At this court date we will seek to have the judge withdraw the warrant. A central feature of our argument to the Court is to demonstrate to the judge that you never received notice of the court date to begin with. Upon hearing this, it is highly likely that the judge will withdraw the warrant since your alleged “Failure to Appear” was not willful.
Secondly, we must address the issues surrounding the “Worthless Check” allegation itself. There are a number of options, defenses and solutions that may be available in an “Obtaining Property or Services in Exchange for a Worthless Check” charge. These may include:
- Inspecting the check to verify that it was in fact written by you, and that you are not the victim of a fraud or identity theft;
- In the case of an “insufficient funds” check, reviewing your account balances at the time the check was written for evidence that demonstrates the lack of fraudulent intent on your part;
- Resolving the matter by paying the outstanding check, court fines and costs, and the returned check fee, but avoiding formal conviction; or
- Seeking your entry into Pre-Trial Intervention or a “Diversion” program that will result in the complete dismissal of the charge.
The charge of “Obtaining Property or Services in Exchange for Worthless Check” is a serious offense that could forever brand you as a convicted felon or as a person convicted of a “crime of dishonesty or untruthfulness.” Don’t take chances with your reputation, employment opportunities, and freedom! We are Pinellas County Criminal Defense Lawyers who know how the system works. Call us today to discuss how we can help you avoid a conviction for a bad check and the steps that can be taken to seal or expunge your criminal record.
If you have an outstanding arrest warrant for a “Worthless Check” charge, call our office at (727) 578-0303 for a free consultation. We can discuss your options right over the phone. Even if you have a pending Pinellas County criminal case and live out of state, we may be able to resolve your “Worthless Check” charge without the necessity for you to return to Florida or appear in court.
The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702
Visit our comprehensive Web site at: www.defensehelp.com
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