Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1807 "Issuing Bad Checks" occurs when a person issues or passes a check knowing that they do not have sufficient funds in their account for the full payment of that check as well as all other checks outstanding at the time of issuance.
The issuance of a bad check is a class one (1) misdemeanor. The range of punishment for an offense is anywhere from probation with zero (0) days in jail, up to six (6) months in jail. Additionally, there could be a zero (0) dollar fine up to twenty-five hundred ($2500.00) fine with an additional 80% of surcharges added to that amount.
By Statute, there are three (3) defenses to this charge. One is that the person receiving the check has been expressly notified that they do not have sufficient amounts in their account to fund the check at that particular time. In other words, they have been asked to hold onto the check and deposit it in a couple of days. The second defense is when the check is "post-dated" and there is a future date written on the check when the funds will be deposited into the account. The last defense is when the insufficiency of the funds results from an adjustment to the check writer's account by the bank without notice to that person. In other words, the bank made some type of withdrawal for fees and service charges without notifying the account holder, which then resulted in a check "bouncing".
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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November 09, 2008
A dozen years ago, 3,000 drunken-driving prosecutions in Tucson…
