Hot Check Crimes

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Penalties for Passing Hot Checks in Texas

While online fraud has received a lot of attention in recent years, people still get arrested for writing bad checks. This happens when someone writes a check knowing the amount is more than they have in their bank account. If you do this, you could face serious penalties under Texas law.

A “hot check” is just another name for a bad check or check fraud. Generally, the penalty for writing a bad check depends on the amount. In most cases, check fraud is charged as a misdemeanor, but this type of charge can rise to the level of a felony depending on the amount of money involved.

The bottom line is that writing a hot check can involve a lot more than getting a non-sufficient funds (NSF) letter in the mail from your bank. If you’ve been charged with writing a bad check in Texas, it’s important to discuss your case with a Texas criminal defense lawyer as soon as possible.

Penalties for Writing a Hot Check

Everyone struggles with money from time to time. Maybe you’re close to payday and need to buy groceries, or you’re counting on a big deposit to hit your account and don’t want to wait to make a purchase.

In many cases, people overdraft their accounts without doing it intentionally. In situations like this, you might have to pay a fee to your bank for insufficient funds, but you won’t face criminal charges.

When writing a hot check is intentional, however, it can rise to the level of fraud. In most cases, this type of crime is a misdemeanor. On the other hand, check fraud that involves a large amount of money can be prosecuted as a felony.

The main thing to remember is that the person writing the check must know they don’t have the money in their account to cover it. When the check bounces, the bank must notify the account holder in writing within 10 days that they have insufficient funds. It’s then the account holder’s responsibility to deposit enough money to cover the amount plus any fees.

While some cases of check fraud are discovered by banks after the account holder wrote the check and used it to make a purchase or pay a bill, technology has made it possible for businesses to document the exact moment when a person passes a hot check.

For example, many businesses and banks now have surveillance cameras installed. These cameras record transactions, documenting someone in the act of using a bad check. A prosecutor can use this footage to help prove the check writer passed a bad check.

When prosecutors have this kind of evidence, they might ask the defendant to agree to a plea bargain. Check fraud in Texas can carry serious penalties, such as a maximum of two years in prison and a maximum fine of $10,000. When facing these kinds of penalties, some defendants decide to plead guilty in exchange for a reduced sentence.

Check fraud charges can be enhanced depending on the circumstances of the case. For example, if someone writes a hot check from another person’s account without their permission, this can be charged as identity theft, which carries additional penalties upon conviction.

Other Consequences of Passing a Hot Check

Fines and prison time are bad enough, but there can be other consequences associated with writing a hot check. Once you’re convicted, you will have a criminal record. This will appear on your credit report, which can stop you from getting credit.

For example, you may get turned away from landlords when you try to rent an apartment, as business owners don’t like to take on the risk of someone with a history of not paying their bills. You may also struggle to get approved for an auto loan or a mortgage. If you do get approved, there’s a good chance you’ll end up paying high interest rates. This can trap you in a cycle of debt, and it can be hard to dig your way out.

Check fraud can also appear in ChexSystems, which is the service many banks use to determine if a potential customer has a history of writing bad checks. If you have a record of check fraud in your ChexSystems file, you may be unable to open a bank account. A criminal record involving financial fraud can also make it tough to pursue certain careers.

Get Help for Your Case

If you’re facing check fraud charges in Texas, it’s important to speak to an experienced Texas criminal defense lawyer about your case. The consequences of a conviction can change your life forever. A knowledgeable Texas check fraud defense lawyer may be able to help you get the charges against you reduced or dismissed altogether.

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Whenever you have any dealings with the police, you should be represented by a lawyer. If they are looking for you, if they want to talk to you, if they want to arrest you, or if someone has contacted law enforcement and accused you of a crime, you need a lawyer.

Even if you plan on pleading guilty, it is critical that you hire a criminal defense lawyer to protect your rights. Representing yourself is never a good idea. Even if you plead guilty, you can expect that prosecutors will try to take advantage of your inexperience by only agreeing to a plea deal that is less favorable than they would with a lawyer. Plus, an attorney may be able to spot problems with the government’s case that you would not recognize, like evidence that should be suppressed. Problems like that might result in dismissal of the charges altogether, but just being able to spot them can help negotiate a better deal with a prosecutor. An attorney, especially a former prosecutor like me, can help you protect your rights, evaluate your options, and negotiate with the prosecutors for the most favorable outcome.

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Any offer or plea bargain should be evaluated carefully with the assistance of an experienced criminal defense lawyer to ensure that your rights have been protected and that you understand the consequences of the plea. A good criminal defense lawyer will evaluate and discuss with you your other options, including trying to have the case dismissed, your chances if you go to trial, and whether a better deal can be negotiated. This kind of analysis requires experience and knowledge of the law.
In state court cases in Texas, a magistrate judge sets bail shortly after you are arrested. They do this based on the crime and your criminal history. You can hire a bail bond company to help you post bail. They usually require you to give them 10% of the bond amount (which you get back at the end of the case if you comply with all conditions of bond), plus a fee that they keep. Depending on the amount of the bail and your financial condition, they may also require putting up property to make sure they can get their money back if you do not comply with your bail conditions. If you know you are going to be arrested, I strongly recommend contacting a bail bond company in advance. They can make sure that they are ready to post the bond for you as soon as it is set by a magistrate judge. This helps you get out as soon as possible. There are bail bond companies that I trust, and if you hire me, I will help you through that process. Federal court is very different. After your arrest, you have an initial appearance in front of a federal magistrate judge. The prosecutor will tell the magistrate judge whether the government is asking for you to be held in custody during trial. If the government is asking for that, you have the right to have a hearing in court in which the magistrate judge decides whether or not you will be held in custody before trial. That hearing is usually a few days after your initial appearance. Bail is not common in federal court. You will usually be held in custody or released, but if you are released, there may be conditions of your release like electronic monitoring or house arrest.
Absolutely. If you are a suspect or being investigated for potential criminal activity, it is always in your best interest to have a lawyer present. This is true regardless of where the questioning takes place. If the authorities want to question you while you are in custody, you should ask to have a lawyer present during any questioning and refuse to answer questions until your lawyer is with you.

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