If you wrote a check, but your bank did not honor it, either because you did not have sufficient funds or because the bank account was closed, you may be charged with writing a bad check. When facing this type of charge, you want an experienced lawyer who knows the law, and who knows how to work with prosecutors to minimize the consequences of your charge.
At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we have nearly 50 years of combined legal experience. We devote our entire practice to criminal defense, handling a wide range of criminal matters. A former prosecutor, attorney Kevin Clancy has worked on both sides of the criminal justice system, and can anticipate the strategies and tactics the state’s attorneys will use to try to get a conviction.
When You Are Charged with Writing a Bad Check
In Texas, issuing a bad check is typically charged as a misdemeanor. You may, however, be charged with a felony if the amount in controversy is substantial. Simply writing a check that is returned because of insufficient funds, though, is not enough to warrant a criminal charge. The Texas statute requires that you knowingly passed a check for which insufficient funds existed. Under the law, you are presumed to know that the check was bad if one of two factors is present: either you had no active account with the bank at the time you issued the check; or you failed to make good on the amount for which the check was written within 10 days of receiving notice that the check was returned NSF.
You can be charged with theft by check if it can be shown that, at the time you wrote a check, you either knew or should have known that you did not have sufficient funds in your account to cover the check. The penalty for the misdemeanor offense of writing a bad check is a fine not exceeding $500.
Contact the Law Office of Kevin Clancy & The Law Office of Tim Clancy
To arrange an appointment with experienced Texas criminal defense attorneys, contact us online at or call 214-740-9955 to schedule a consultation.
Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.