NON-SUFFICIENT FUNDS CHECKS/NO ACCOUNT CHECK

There are several offenses relating to check fraud ranging from misdemeanors to felonies (see below). These offenses should not be confused with the more serious offense of Uttering & Publishing (forgery). All of these offenses require the State to prove 'intent to defraud'; proving this element can be difficult when an experienced trial attorney like Jeffrey Buehner is defending the case. As a former Oakland County Prosecutor, Mr. Buehner has seen many situations where over-zealous police misinterpret bad checkbook keeping as a crime. Let Mr. Buehner put his skills and experience to work in your defense.

Your first consultation is free, so call now: (248) 865-9640 or fill out the Free Case Evaluation Form below.

DRAWING ON INSUFFICIENT FUNDS

(1) A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud and knowing at the time of the making, drawing, uttering, or delivering that the maker or drawer does not have sufficient funds in or credit with the bank or other depository to pay the check, draft, or order in full upon its presentation.

(2) A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud if the person does not have sufficient funds for the payment of the check, draft, or order when presentation for payment is made to the drawee. This subsection does not apply if the lack of funds is due to garnishment, attachment, levy, or other lawful cause and that fact was not known to the person when the person made, drew, uttered, or delivered the check, draft, or order.

(3) A person who violates this section is guilty of a crime as follows:

(a) If the amount payable in the check, draft, or order is less than $100.00, as follows:

(i) For a first offense, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(ii) For an offense following 1 or more prior convictions under this section or a local ordinance substantially corresponding to this section, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(b) If the amount payable in the check, draft, or order is $100.00 or more but less than $500.00, as follows:

(i) For a first or second offense, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine.

(ii) For an offense following 2 or more prior convictions under this section, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a).

(c) If the amount payable in the check, draft, or order is $500.00 or more, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00 or 3 times the amount payable, whichever is greater, or both imprisonment and a fine.

DRAWING CHECKS UPON BANK WITHOUT ANY ACCOUNT

(1) A person shall not, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on an account or otherwise, upon any bank or other depository, if at the time of making, drawing, uttering, or delivering the check, draft, or order he or she does not have an account in or credit with the bank or other depository for the payment of the check, draft, or order upon presentation. A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $500.00, or both.

(2) A person shall not, with intent to defraud, make, draw, utter, or deliver, within a period of not more than 10 days, 3 or more checks, drafts, or orders for the payment of money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of making, drawing, uttering, or delivering each of the checks, drafts, or orders that the maker or drawer does not have sufficient funds or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation. A person who violates this subsection is guilty of a felony, punishable by imprisonment for not more than 2 years, or by a fine of not more than $500.00, or both.

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Assault & Battery, Aggravated Assault, Embezzlement, Non-Sufficient Funds Check, Negligent Homicide, Indecent Exposure, Larceny, Malicious Destruction of Property, Retail Fraud, Receiving & Concealing Stolen Property, Possession of Marijuana, Domestic Violence, Uttering & Publishing, Probation Violations, OWI. Felonious Assault, Assault with Intent to Murder, Assault with Intent to Do Great Bodily Harm, 3rd Offense Drunk Driving/OWI, Embezzlement, Failure To Pay Child Support, Larceny, Home Invasion, Fraud, Fraudulent Use of a Credit Card, Forgery, Uttering & Publishing, Identity Theft, Negligent Homicide, Indecent Exposure, Malicious Destruction, Carrying a Concealed Weapon, Repeat Offender Domestic Violence, Fleeing & Eluding, Receiving & Concealing Stolen Property Arson