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Christoph Law Offices, DUI & Criminal Defense
Criminal Defense 40 + Years Experience

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Christoph Law Offices, DUI & Criminal Defense
Christoph Law Offices, DUI & Criminal Defense

HIGHEST RATING IN LEGAL ABILITY
AND ETHICAL STANDARDS

  • Top Lawyers - San Diego Magazine
  • Former Deputy San Diego City Attorney
  • Former USMC Captain
  • Located Directly Across From Vista Courthouse
  • Over 150 Five Star Reviews on Google and Yelp

Attorneys William R. Christoph & Nicholas W. Christoph

Non Sufficient Funds Check can be a Felony in North County

On Behalf of | Feb 19, 2014

Issuing a non sufficient funds check (NSF) is really a theft related offense and may be a felony in North County and all of California.  If the check is issued for $450 or less, it may be a misdemeanor. The crime requires issuing a check when you knew there was insufficient funds to cover it at the time and intending to defraud another.   Many times these NSF checks can be made good quickly and criminal charges can be avoided.  The facts and cricumstances of any non suffienct funds check case are extremely important in determining whether the check was written knowing there was no money in the account at the time and if it was done to defraud another.  Post dating a check may avoid the problem, if you are realistically anticipating funds to be available.  You are essentially telling the other person there are not funds now but there should be later, and the facts will determine whether you have issued it with an intent to defraud.  

Sometimes it may simply be an honest mistake.  Each case must be looked at in light of the surrounding circumstances.  Settling these cases, if you do not have a defense, depends on your prior record, the facts of your case and whether restituion if any was paid. Many times this type of incident may be charged not only with passing a bad check, but burgalry for entering the store to pass it and I.D. theft if it was someone elses check or name signed etc. Most of the time, we are able to resolve these cases very favorably for our clients.  Misdemeanors non sufficient funds check cases carry up to a year in jail, restitution, and up to a $1000 fine.  A felony carries up to 3 years custody, restitution and a $10,000 fine.

You should contact an experienced criminal defense attorney who knows how to handle these cases and is familiar with the Court and prosecutors where the case is being heard like Christoph Law Offices located directly across from Vista Courts for over 30 years and highly rated.  Call 760-670-3885 for a free consultation and a realistic assessment of your case.

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I highly recommend Christoph Law Offices to everyone. Nick is a true professional who will go above and beyond for his clients. Thank you!
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Amazing attorneys! Bill Christoph was very helpful during my case. He was always quick to get back to me about my questions.
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Great experience overall having William Christoph as my attorney. He understands his client, very insightful and is an expert in his field.
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