Nevada law prohibits the issuance of a check or draft without sufficient money or credit. If you violate this law, you could be found guilty of a property crime made illegal under Chapter 205 of Title 15, which is Nevada’s penal code. Chapter 205 details crimes against property, and there is a subsection within Chapter 205 for forgery and the issuance of bad checks.
There are serious penalties imposed for issuing a check or draft if you do not have the money or credit to cover the transaction. You could be jailed and face long-term consequences associated with having a property crime on your record. You need to find an experienced attorney to provide you with representation who can stand up for your rights and help you to navigate the criminal justice system.
LV Criminal Defense can offer you the assistance you need to evaluate the evidence against you and to determine whether a plea of not guilty or a plea of guilty is likely to result in the most favorable possible outcomes. To find out more about how our firm can help you to maximize your chances of emerging with no penalties or minimal penalties as you navigate the criminal justice system, give us a call today.
Nevada Revised Statute section 205.130 establishes the definition of the offense of issuing a check or draft without sufficient money or credit. The same statute also defines the penalties associated with this particular offense.
According to the relevant law, it is illegal to willfully draw or possess a check or draft with intent to defraud. This conduct is illegal if you willfully draw or possess a check or draft with fraudulent intent in order to obtain money, services, the use of property, credit extended by a licensed gaming establishment, or delivery of any valuable property.
Willfully issuing a check or draft without sufficient money or credit is illegal regardless of whether the check or draft purports to draw from any real or fictitious person, bank, partnership, firm, corporation, or depository if there is insufficient money, property, or credit with the drawee such that the instrument cannot be paid in full.
If the defendant engages in this conduct the offense is generally a misdemeanor. However, if the instrument, or a series of instruments was passed over the course of a 90 day period and the total amount of checks or drafts issued without insufficient money or credit totals $250 or more, then the defendant can be convicted of a Category D felony. If an individual is convicted of a misdemeanor offense for issuing checks or drafts without sufficient money and credit a total of three or more times within the state of Nevada or any other location, the defendant can be charged with a Category D felony.
Because issuance of a check or draft without sufficient money or credit can often result in felony charges, it is imperative to respond assertively if you are accused of violating N.R.S. 205.130.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada criminal defense attorneys at LV Criminal Defense can provide personalized help whenever you are accused of a property crime, including issuance of a check or draft without sufficient money or credit. We have the knowledge you need to fight serious charges and we will serve as passionate advocates for your interests whether your charges are resolved in court or through the negotiation of a plea deal.
To find out more about how our compassionate and knowledgeable legal team can help you in responding to allegations of wrongdoing in connection with issuance of a check or draft without sufficient money or credit, give us a call today.