Buffalo Grove, IL Check Fraud Defense Attorney

Skilled Defense Attorney for Bad Check Cases in Lake County

With the constant improvements to technology, it is easier and easier for financial institutions to detect check fraud cases. Many people believe that check fraud, as a white collar crime, is not all that serious. In truth, if your charges of check fraud fall under the Illinois definitions of forgery or embezzlement, you could face felony charges and prison time. Further, a felony conviction will become a part of your criminal record forever and could have serious, adverse effects on your relationships, your employment possibilities, and many other parts of your life.

If you have been accused of check fraud or passing bad checks, it is important that you have a knowledgeable, experienced criminal defense attorney by your side to ensure your rights are protected. The Law Offices of Matthew R. Gebhardt, P.C. understands that you are likely feeling anxious and afraid, wondering what is about to happen in your life. Our Buffalo Grove, Illinois white collar crime attorney is here to help defend you in court and protect your rights.

What Is Check Fraud in Illinois?

Illinois law will base the penalties for a check fraud conviction on the amount of money involved. Check fraud cases can be extremely complex, involving an analysis of the intent of the accused. The charges of check fraud can encompass many fraudulent activities including the following:

• Writing a check from an account you knew had insufficient funds or was closed;
• Using a forged check, altering or amending a check, or endorsing a check that is not yours over to yourself;
• A scheme known as "kiting" checks which involves writing checks and running them through multiple bank accounts with a goal of obtaining funds in excess of what is known to be in the bank

The crime of check fraud must include certain elements in order to obtain a conviction. You must have committed the crime with the intent to obtain control over assets or to obtain services or labor knowing that the check will not be paid.

Buffalo Grove Penalties for a Conviction of Bad Checks

In Illinois, writing bad checks is typically prosecuted under the deceptive practices statute. The penalties for deceptive practices vary based on the amount allegedly stolen, and can range from misdemeanors to felonies. Obtaining $150 or less from a bad check is a Class A misdemeanor, punishable by up to a year in jail.

Above $150, prosecutors can seek Class 4 felony charges for writing bad checks, which carries one to three years in prison. Repeated deceptive practice violations can also lead to felony charges. Under state law, prosecutors look at the total amount of cash obtained in a 90-day period to determine the charge.

Potential Defenses to Illinois Check Fraud Charges

An experienced Lake County white collar crime attorney will base your defense on the circumstances surrounding your charges. Perhaps you genuinely did not know that you had insufficient funds in your account to cover the charges. Your attorney may be able to argue lack of intent if you had every intention of having the funds available. In some cases, you may have been the victim of identity theft, meaning you are not responsible for check fraud.

How Your Lake County Check Fraud Attorney Can Help

Attorney Matthew R. Gebhardt is both professional and effective in defending those charged with check fraud. He will aggressively investigate the prosecutor's case, looking for a lack of solid evidence against you. When appropriate, a plea deal will be negotiated on your behalf. However, Matthew R. Gebhardt has no hesitation in litigating your case in court. Contact our Buffalo Grove bad check defense attorney or call 847-239-4703 to set up a free consultation.