Virginia Bad Checks Lawyers
Helping residents in Alexandria, Fairfax and the entire Northern Virginia area
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Serving residents of Fairfax County, Fairfax City, Prince William County, Loudoun County, Stafford County, Spotsylvania County, Arlington County, Alexandria, City of Fredericksburg, City of Manassas Park, City of Manassas, City of Falls Church, Town of Vienna, Town of Herndon, Town of Occoquan, Town of Dumfries, and all of Virginia.
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Helping you fight back.
Whether you have been charged with a Criminal Offense, Serious Criminal Traffic Offense, or have been injured in an Accident that was not your fault, our First-Class Attorneys are not going to let you become a victim! With our experience, we will fight back, with you and for you, to get the results you deserve.
YOU CAN’T AFFORD A CRIMINAL RECORD
When you trust your Bad Checks charges to our experienced attorneys, we will work closely with you, from the beginning, to explore all aspects of your case, including:
- Dismissal of your Charge
- Reduction of your Charge
- Possible Defenses
- Plea Bargain Options
- Trial to find you “Not Guilty”
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HOW VIRGINIA LAW APPLIES TO YOU!
Having handled thousands of criminal cases in all the courts of Northern Virginia, we understand how critical your job and/or your security clearance are to your livelihood and your family. Issuing a Bad Check is considered a “Crimes of Moral Turpitude.” These are crimes that involve lying, cheating, or stealing. Because of this, if you are convicted of a Issuing a Bad Check, you are facing not only significant jail time and a substantial fine; but you will also receive a permanent criminal record with the FBI and Homeland Security and you could potentially lose your job, your security clearance, future employment opportunities, and your future!
NovaLegalGroup, P.C. also helps residents of Virginia with Legal Matters in: Alexandria, Annandale, Arlington, Burke, Centreville, Fairfax, Mclean, Oakton, Reston and Springfield.
In order for the Commonwealth of Virginia to prove a Bad Check Charge, they must prove:
1. That you wrote, uttered, passed or delivered a check on a bank; and
2. That you knew at the time you acted that there was not sufficient funds with the bank to cover payment of the check; and
3. That the act was with the intent to defraud; and
4. That the check was in payment as a present consideration for goods or services.
If you are found guilty of issuing a Bad Check, the punishment can be very severe! Issuing a Bad Check is a FELONY, punishable by up to 5 YEARS IN JAIL, if the check was written for $200 or more. Issuing a Bad Check is a CLASS 1 MISDEMEANOR, punishable by up to 12 MONTHS IN JAIL and a fine of up to $2,500, or both, if the check was for less than $200.
In addition to the significant discovery, due diligence and legal work we do to get your Bad Check case dismissed, your participation in appropriate programs and classes prior to court can significantly increase your odds of an even more successful outcome … such as:
- Financial Education Courses
- Volunteer Community Service
- Anti-Shoplifting Classes
- Alternative to Jail Programs
- Letters of Recommendation
Our criminal defense attorneys have experience successfully handling Bad Check charges in all the courts of Northern Virginia, so let us help YOU!
With our experience in criminal defense, we have successfully handled thousands of cases, many like yours. We make you 3 GUARANTEES that no other law firms we know of in Northern Virginia offer:
OUR 3 UNIQUE GUARANTEES
- When you call us, you will always speak personally with one of our experienced and successful attorneys about your case, NOT a paralegal or secretary!
- We always design a customized “Plan of Action” just for your case and not just a cookie-cutter template!
- We always provide you with a personalized “Payment Plan” to meet your financial needs!
Under Virginia Code Section 18.2-181, writing a bad check for $1,000 or more is a Class 6 felony punishable by 1-5 years in prison. For amounts under $1,000, it’s a Class 1 misdemeanor with up to 12 months in jail and/or a $2,500 fine. Additional consequences include restitution to the victim, civil penalties up to three times the check amount, and a permanent criminal record that can affect employment and credit.
Virginia law defines a bad check as any check, draft, or order for payment that is dishonored due to insufficient funds, account closure, or no account. The prosecution must prove you had knowledge the account had insufficient funds or that you intended to defraud. If a check is returned unpaid and you fail to pay the full amount plus fees within 5 days of written notice, this creates prima facie evidence of intent to defraud.
Yes, bouncing a check in Virginia can result in jail time. For checks under $1,000, you face up to 12 months in jail as a Class 1 misdemeanor. For checks $1,000 or more, it becomes a Class 6 felony with 1-5 years in prison. However, many first-time offenders may be eligible for alternative sentencing, probation, or pretrial diversion programs, especially with experienced legal representation.
Common defenses to bad check charges include lack of intent to defraud, good faith belief the account had sufficient funds, bank error, identity theft, forgery by another person, or failure to receive proper notice. Your attorney may also challenge the evidence, argue the check was post-dated, or show you made payment before criminal charges were filed. Each case requires a thorough analysis of the specific facts and circumstances.
Virginia has stricter bad check laws than many states. The $1,000 threshold for felony charges is lower than some states, and Virginia’s prima facie evidence rule makes prosecution easier once proper notice is given. Virginia also allows civil recovery of up to three times the check amount plus attorney fees. The 5-day notice requirement is shorter than other states that may allow 10-15 days for payment before criminal prosecution.
Bad check charges can only be expunged in Virginia if you were acquitted at trial, the charges were dismissed, or if there was an error in identity. If you were convicted or pled guilty, the conviction generally cannot be expunged. However, you may be eligible for a restricted criminal record under certain circumstances. Early intervention and proper defense representation are crucial to avoid conviction and preserve your record.
If you receive a bad check notice in Virginia, contact an experienced criminal defense attorney immediately. Do not ignore the notice or communicate directly with the merchant or prosecutor. You typically have 5 days to pay the full amount plus fees to avoid criminal prosecution, but making payment can be seen as evidence of guilt. An attorney can negotiate on your behalf and explore options to resolve the matter without criminal charges.
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