Can a check cashing company press criminal charges , for bouncing checks?

Asked almost 2 years ago - Las Vegas, NV

I paid one of my employees with a $1,200.00 check. My employee took the check to a check cashing company they paid it to the employee, and the same bounced. They are calling me and making criminal charges threats. Is this a civil or a criminal case.

Additional information

Do They have a case against me, or against my employee?

Attorney answers (2)

  1. Dara J. Goldsmith

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . The Check Cashng Company has the right and ability to file a police report and request that charges be pressed against you. If the DA choses, it may proceed against you criminally. The Clark County DA has a Bad Check Unit that handles those types of offenses. The check cashing company can sue you civilly for damages, too.

    This response is not intended to create an attorney client relationship. The response is solely intended to... more
  2. Howard Robert Roitman

    Contributor Level 17

    Answered . Note that a key element of the Nevada crime of passing bad checks is "intent to defraud." This means that you've committed no crime if you honestly did not mean to pass a bad check. However ...The legal definition of Bad Checks in Las Vegas, NV (NRS 205.130)

    Passing a check when you know you don't have money in your bank to pay for it is a crime. Specifically, any person who "willfully, with an intent to defraud, draws or passes a check or draft to obtain:


    (a) Money;

    (b) Delivery of other valuable property;

    (c) Services;

    (d) The use of property; or

    (e) Credit extended by any licensed gaming establishment ("casino markers"),


    drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty" of a crime.

    Intent to defraud (NRS 205.132)

    Note that a key element of the Nevada crime of passing bad checks is "intent to defraud." This means that you've committed no crime if you honestly did not mean to pass a bad check. However ...

    Nevada law is very unfair. It presumes you intended to defraud if your account has insufficient funds when you passed the check. Therefore your attorney, not the prosecutor, has the burden to show that you meant no harm.

    Defenses for bad check charges in Las Vegas, NV

    Despite the unjustness of Nevada's bad check laws, there are several possible defenses available. The following are some of the strategies your attorney may use when fighting your charges:

    Sufficient funds. You're not criminally liable if your bank account had sufficient funds at the time you passed the check. Producing bank statements showing you had the money should cause the charges to be dropped.


    Payment within 5 days. You shouldn't be prosecuted on Las Vegas bad check charges as long as you paid the money within 5 days of notice that the check bounced.


    Illness or another emergency. Emergency situations technically aren't defenses to bad check charges. However, they may act as leverage when negotiating a plea bargain. They also may cause the Las Vegas court to issue less severe penalties.


    Penalties for bad checks in Las Vegas, NV

    Sentences for issuing a bad check(s) in Nevada depend on how much money it was made out for:

    Less than $650

    If a bad check(s) was for less than $650 total, then it's only a misdemeanor in Las Vegas. You may petition to get a misdemeanor sealed 2 years after the case is closed. A conviction for a misdemeanor in Las Vegas carries:

    restitution of the check amount, and


    up to six months in jail, and/or up to $1,000 in fines


    However, a fourth-time conviction is treated as a category D felony in Las Vegas, carrying:

    restitution of the check amount, and


    one to four years in Nevada state prison and maybe up to $5,000 in fines


    Category D felony convictions can't be sealed until 12 years have passed after the case is closed. That's why it's so important to have counsel to try to get the charges reduced or dismissed.

    $650 or more

    When a bad check(s) is for $650 or more, a conviction is a category D felony in Las Vegas. It may be sealed from your record 12 years after the case is closed. The punishment includes:

    restitution of the check amount, and


    one to four years in Nevada state prison and maybe up to $5,000 in fines


    However if the check was for the payment of wages, it's punished less seriously. It's only a gross misdemeanor in Las Vegas carrying a sentence of:

    up to one year in jail, and/or


    up to $2,000 in fines


    Gross misdemeanor convictions may be sealed from your record 7 years after the case is closed.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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