Hot Checks

Theft by Check, writing a Hot Check, or intentionally passing a Bad Check are criminal offenses in the State of Texas. Individuals who are accused of a theft crime in which a check or other sight order of payment was used to facilitate the theft will be prosecuted for passing the bad check and, if applicable, for the value of the item(s) or service deprived of the owner.

If you, a family member, or other loved one were charged with a crime as a result of an unfulfilled payment authorization, you’ll need legal representation. Houston criminal defense attorney Brandon Strauss has provided legal representation for Texans charged with hot check offenses since 2008. If you need to talk with someone about your situation, call Brandon today at 713-586-9200.

Checks & Other Sight Orders of Payment

A check or sight order of payment can be defined as a physical or a lawful sight order of payment. Examples of such could be a check, a credit card authorization, electronic debit, bank draft authorization, or any similar legitimate order of payment.

Understanding Theft By Check & Hot Check Cases

There are two types of individuals who are charged with Hot Check offenses;

• people who are guilty of an accounting error,
• and people who are intentionally committing theft using a check.

Bad Checks & Failed Payment Authorizations

The Unintentional Offender

Individuals who are have passed a bad check unintentionally usually only allowed the matter to persist because they didn’t receive notification of the NSF Check or were otherwise unaware.  In short, these cases are usually dismissed once the offended party is paid or goods returned, and often don’t see the light of day in a courtroom.

These types of cases often aren’t criminal in nature. However, if the issuer doesn’t pay the holder within 10 days of notification of the failed or returned payment, the incident becomes a criminal offense. Afterwhich, a warrant may be issued for the arrest of the issuer.

The Intentional Offender

Individuals who have written a bad check on an invalid account, a closed account, non-existent account, or forged a check that didn’t belong to them will be considered intentional offenders by prosecutors at the Harris County District Attorney’s Office. In these types of cases, the State of Texas will pursue a conviction with punitive consequences to the fullest extent of the law.

“Hot Checks” & Texas Law

Bad check(s) and theft by check offenses are covered under Section 32.41 of the Texas Penal Code.

The offense of “issuance of bad check” is a Class C misdemeanor. It is a crime for a person to issue or pass a check knowing that the person did not have sufficient funds on deposit with the bank to cover the check and any other check that was outstanding at the time the check was issued.

The law presumes that the person knew that the check was bad if:

1. the person had no account with the bank at the time of issuing the check, or
2. the person failed to pay the check within ten (10) days after receiving notice that the check was returned for “insufficient funds.”

What’s the Punishment Range for Theft By Check Offenses?

Theft by Check offenses are prosecuted like traditional theft & shoplifting offenses. The value of the item(s) or service deprived of the owner is the determining factor of the severity of the criminal classification of the Bad Check case.

Below is a table that illustrates how theft sentencing guidelines in Texas are commensurate with the value of the subject of the theft.

Bounced Checks for Child Support Payment

If a person wrote a bad check for child support payment, the minimum criminal classification for the offense is Class B Misdemeanor. A conviction for bouncing a child support check can mean a six month (180 days) county jail sentence and a fine not to exceed $2,000.00.

Charged with Misdemeanor or Felony Theft by Check?

Call Brandon Strauss, an Experienced Theft Defense Lawyer

In the aftermath of an arrest stemming from a hot check, theft by check, or a check forgery scheme, it may seem like odds are against you, and there’s no hope. As a seasoned Texas defense lawyer, I can tell you first hand that nothing could be further from the truth.

If you’re looking for options to respond or challenge the state’s charges of theft by check, call the Strauss Law Firm at 713-586-9200 to get started. Since 2008 Attorney Brandon Strauss has had multiple successes for many Houston area clients charged with theft offenses including cases involving theft by check and other forms of fraud.

The Strauss Law Firm will work to have success for you.

If you’re ready to go over your situation with an experienced Texas Hot Check Lawyer, call Brandon Strauss today at 713-586-9200.

Hot Checks, Bad Checks, & Theft By Check Offenses

Strauss Law Firm, Houston, TX