ISSUANCE OF WORTHLESS CHECK SHEBOYGAN AND MILWAUKEE DEFENSE ATTORNEY
In Wisconsin, crimes having to do with theft or property damage such as burglary, fraud, or arson, can include everything from stealing a TV set to burning down a large building.
Many of these charges, and the severity of their corresponding penalties, are determined by the total value of any goods that were stolen, and whether the accused person was armed during the commission of the crime. The experienced Milwaukee burglary defense attorneys at Birdsall Obear & Associates have handled a multitude of cases of all different types of theft and property crimes.
If you’ve been arrested, you need the best criminal lawyers in Milwaukee and Sheboygan. Please contact our Milwaukee criminal lawyers via phone or email for a free consultation so we can help you navigate the broad range of charges pertaining to theft and property crimes.
WHAT IS ISSUANCE OF A WORTHLESS CHECK IN WISCONSIN?
- Whoever issues any check or other order for the payment of not more than $2,500 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.
- Whoever issues any single check or other order for the payment of more than $2,500 or whoever within a 90-day period issues more than one check or other order amounting in the aggregate to more than $2,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class I felony.
- Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money, intended it should not be paid:
- Proof that, at the time of issuance, the person did not have an account with the drawee; or
- Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address or the address provided on the check or other order; or
- Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address or the address provided on the check or other order.
HOW TO PROVE ISSUANCE OF A WORTHLESS CHECK?
The State must prove 3 elements:
- That the document was a writing by which legal rights or obligations are created or transferred (A bank check is such a writing).
- That you falsely made or altered the check, or an endorsement on the check. The check or the endorsement must have been falsely made or altered to appear to have been made by another person, or at another time, or with different terms, or by authority of someone who did not give such authority.
- That you falsely made or altered a check or an endorsement with intent to defraud. “Intent to defraud” means that you had the purpose to obtain property that you were not entitled to receive.
As with theft, if there are multiple violations, they can be added up so that the felony can be charged. Or, the prosecutor may just pick a few for misdemeanor charges and ask for restitution on the rest. The State may use virtually indisputable evidence that there were insufficient funds in your account or that the account was closed. This is a very common offense but will generally only be charged criminally if the victim makes a serious complaint and presses the issue.
Wisconsin penalties for Issuance of a Worthless Check:
Under $2,500: 9 months jail (misdemeanor)
Over $2,500: 18 months prison (felony)
Contact the best Milwaukee and Sheboygan theft of property and fraud defense lawyers.
Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.
Property theft crimes many times carry special circumstances that only the Milwaukee criminal lawyers of Birdsall Obear & Associates will know how to confront, confidently and efficiently... and win your case.
Our fraud defense lawyers in Sheboygan and Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.
Our lawyers are simply the best theft and fraud crimes defense law firm Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.