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New Jersey Bad Check LawWe represent clients charged with N.J.S.A. 2C:21-5; New Jersey bad check complaints filed in central New Jersey municipalities including East Brunswick, New Brunswick, Woodbridge, Edison, Old Bridge, North Brunswick, South Brunswick, South River, Monroe and Sayreville. A defendant is guilty of issuing a bad check under N.J.S.A 2C:21-5 when he or she issues or passes a check for payment of money, knowing that it will not be honored. Issuing a bad check is a disorderly persons offense if the check is less than $200. The defendant is presumed to know that the check would not be honored if at the time of the issuance the defendant had no account with the bank or if the bank refused payment for lack of funds and the defendant failed to make good within 10 days after receiving notice of the refusal. Also under New Jersey bad check law, if the check or order is $75,000.00 or more, it is a crime of the second degree. If the check or order is $1,000.00 or more but less than $75,000.00, it is a crime of the third degree. If the check or order is $200.00 or more but less than $1,000.00, it is a crime of the fourth degree. We represent clients charged with N.J.S.A. 2C:21-5; New Jersey bad check indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County. Exposure Disorderly Persons Offense Only A person convicted of this offense is subject to a fine of up to $1000 plus assessments to Victims of Crime Compensation Board and to the Safe Neighborhood Services Fund of approximately $125. Although a person convicted of this offense who has not been previously convicted of an offense is entitled to a presumption of non-incarceration, defendant may be sentenced up to six months in jail. If a motor vehicle was used in the course of committing the offense, the court may suspend the defendant's driver's license up to two years. If the defendant holds a public office, a conviction may result in forfeiture of office. Expungement of Disorderly Persons Offense Only Provided defendant has not been convicted of more than three disorderly or petty disorderly persons offenses, or defendant has not been convicted of an indictable offense, he or she may have their conviction expunged five years after sentence is carried out. Statute of Limitations on Disorderly Persons Offense Only Prosecution must be commenced within 1 year after the offense is committed. Prosecution commences when a warrant or other process such as a summons or complaint is issued. Strategy for Disorderly Persons Offense Only The best case result for any type of charge is dismissal - no record and no fine. Usually, this type of case can be resolved without a trial or conviction if the defendant makes restitution to the victim. Hence, it is vitally important that restitution be made as soon as possible. If a dismissal is not attainable then the next best possible outcome would be a plea to some municipal ordinance, which will preclude one from sustaining the stigma that an offense attaches to one's record. However, defendant will be fined by the Court, although fines for municipal ordinances are much lower than are fines for disorderly persons offenses.
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