Check Fraud Archives - Gamino Law Offices, LLC

Check Forgery in Milwaukee

If you’re like many people charged with uttering, you’re wondering if you’ll go to prison for check forgery in Wisconsin.

The short answer is yes, you can go to prison for forgery in Wisconsin. It’s a Class H felony if you’re convicted, which carries a penalty of up to 6 years of imprisonment plus up to a $10,000 fine.

In some cases, though, people who are accused of check forgery in Wisconsin, including Milwaukee and Waukesha, don’t go to prison. There’s no way to predict how a judge will rule – or how a judge will sentence someone, except in cases where a certain sentence is required by law – but you may want to ask a check forgery lawyer your questions to find out what’s most likely to happen in your case.

What is Check Forgery?

There are several types of forgery and uttering fraud charges under Wisconsin law. Forgery is the act of having the intent to defraud someone by making or writing an object to do so, while uttering is passing off the forged document or object as payment or transferring it to another person.

What Your Check Forgery Lawyer Will Do for You

Your attorney will be there to answer all of your questions, explain possible outcomes for your case, and defend you in court. Sometimes, attorneys are able to negotiate with prosecutors for a lesser charge, and sometimes lawyers can show the court that the prosecutor’s evidence shouldn’t be allowed in court. No attorney can guarantee a specific outcome on any case, but working with an experienced and knowledgeable lawyer helps give you the peace of mind that you have a solid fighter in your corner.

Do You Need to Talk to an Attorney About Check Forgery Charges?

If you’d like to talk to a lawyer about check forgery charges, we may be able to help you. Call us right away at 414-383-6700, or get in touch with us online for a free case evaluation. We’ll answer your questions and give you the advice you need to start moving forward.

Carlos Gamino

By Tedia Gamino|2021-07-25T12:31:36-05:00November 24th, 2019|Criminal Law|Comments Off

We’re Broke, So I Wrote a Bad Check, Now What?

Anyone can fall on hard times—we’ve all been there. Sometimes it’s hard to make ends meet, and harder still to know what to do if the money to pay bills simply isn’t there.

If you write a check while you know that you don’t have the money to cover it, Wisconsin law considers you a criminal.

That said, check writing is not a black-and-white issue in the court.

Bouncing a Check

Bouncing a check refers to writing a check on an account that does not have sufficient funds to pay the amount of the check. Bouncing a check will result in insufficient funds charges from your bank. You may also incur a bounced check fee and a late payment fee from the check’s recipient.

Honest Mistakes

Maybe you wrote a check for an amount you hoped you could cover by the time the recipient cashed the check, and you didn’t make the deposit in time. This is known as floating a check. Perhaps your math was off—you checked your bank balance, forgot you had written another check that hadn’t yet cleared, and then bounced a second check.

Mistakes like these can be costly when you consider the bank’s insufficient funds fees, but they’re not criminal. (Who hasn’t forgotten to carry the one or move the decimal point?)

Check Fraud

Changing an account number or making intentional errors to delay a check’s processing are forms of check fraud in the state of Wisconsin. Many people feel forced to do this in a desperate attempt to buy time.

Writing a check on a closed account is also an attempt to defraud the payee. Either of these actions may result in criminal charges in addition to any late payment, non-payment and bank fees.

Intent is Key

In order to prove a case of check fraud, a prosecutor has to prove your deliberate intent to defraud. While a bounced check can cost you financially, it’s not illegal to make an error in balancing your checkbook.

If you’re charged with a crime over a bad check you’ve written, you should contact an experienced criminal defense attorney for advice. We all make mistakes. If you wrote a bad check, your lawyer can help you assert your intent in court.

By Tedia Gamino|2021-07-31T16:53:10-05:00November 19th, 2019|Criminal Law|Comments Off

Writing a Bad Check – How Bad Can it Be?

The economy is tough. Sometimes it’s hard to make ends meet, but the bills just don’t stop coming. It’s not unheard of (in fact, it’s probably more common than you think) for someone to write a check that they know is going to bounce. As Milwaukee worthless check defense attorneys, we’ve seen several cases like these – and it all comes down to whether or not you intended to cover it.

A Worthless Check Under Wisconsin Law

When you write a check, it’s assumed that you have the money in your bank account to pay for your purchase. Many of the worthless check cases we see have to do with paying bills, but some are cases where the individual wanted to make a purchase without actually paying for the item(s).

If you write a check knowing full well that it will bounce, and you have no intention of actually paying for the goods or services you’re getting in return for that check, you could be found guilty of writing a worthless check in the state of Wisconsin.

Two Classes of Worthless Checks

Writing a worthless check in Milwaukee can be a misdemeanor or a felony. The distinction lies in how much the check was written for; if it’s under $2,500, it’s a misdemeanor. If it’s over $2,500, it can be a felony. This doesn’t necessarily apply to only one check, though. If you write a series of bad checks over a 90-day period that total more than $2,500, you can be convicted of a felony.

What to Do if You’re Hit with Worthless Check Charges

The first thing you need to do is talk to a Milwaukee worthless check defense lawyer. Make sure you don’t write any more checks at this point! Your attorney will evaluate your case and determine whether you’re being charged with a misdemeanor or a felony offense, and then he or she will begin to build a defense that protects your rights.

By Tedia Gamino|2021-08-07T17:03:31-05:00November 17th, 2019|Criminal Law|Comments Off

DEDICATED TO PROTECTING YOUR RIGHTS

Check Fraud

Title