With decades of legal experience, D.G. Moore is a highly skilled Michigan criminal defense attorney specializing in defending individuals accused of financial crimes, including check fraud, forgery, and fraud-related offenses.

His strategic defense approach has resulted in case dismissals, reduced charges, and acquittals, ensuring clients receive the best legal protection possible. If you have been charged with check fraud or writing bad checks in Michigan, contact D.G. Moore Law for an aggressive defense.

Bad Check Laws in Michigan (MCL 750.131 & MCL 750.131a)

In Michigan, writing bad checks (MCL 750.131 and 750.131a) is a crime, potentially carrying up to two years in prison and/or a fine of up to $500. MCL 750.131 covers checks written with intent to defraud while MCL 750.131a addresses checks written without sufficient funds or credit.

Understanding Check Fraud and Bad Check Laws in Michigan

Michigan law classifies check fraud and writing bad checks into two primary offenses:

• Writing a check with insufficient funds (MCL 750.131) – Attempting to make a payment when there are insufficient funds in a bank account to cover the check or draft.
• Writing a check with no account (MCL 750.131a) – Writing a check on an account that does not exist, was closed, or the individual had no credit with the bank to cover the payment.

Key Differences Between Insufficient Funds and No-Account Checks

Penalties for Writing a Bad Check in Michigan

An individual found guilty of violating this section faces the following consequences: (a) If the payable amount in the check, draft, or order is less than $100.00: (i) For a first offense, it is classified as a misdemeanor, punishable by up to **93 days of imprisonment or a fine not exceeding $500

MCL 750.131 – Insufficient Funds Checks

• Less than $100 – Misdemeanor, up to 93 days in jail and $500 fine
• Between $100 and $500 – Misdemeanor, up to 1 year in jail and fines up to $1,000 or three times the check amount
• More than $500 – Felony, up to 2 years in prison and fines up to $2,000 or three times the check amount

MCL 750.131a – No-Account Checks (Felony Offense)

• Up to 2 years in prison
• Fines up to $500
• Permanent criminal record

Enhanced Penalties for Repeat Offenders

• Multiple offenses within 10 days may result in felony charges.
• Prior convictions increase sentencing severity.

How Prosecutors Prove Check Fraud Charges in Michigan

To convict someone of check fraud, the prosecution must prove:

1. The defendant knowingly wrote a check or draft.
2. There were insufficient funds, or the account did not exist.
3. The defendant intended to defraud the recipient.
4. The check was presented for payment and dishonored.

Even if intent was not present, Michigan law still allows charges for writing bad checks due to negligence.

Defenses Against Check Fraud Charges

In Michigan, defenses against check fraud charges can include lack of intent to defraud, duress or coercion, and the possibility of an honest mistake, or that the defendant reasonably believed there were sufficient funds.

Common Defenses for Insufficient Funds Checks

• Bank error – The defendant had sufficient funds, but the bank made a mistake.
• Lack of intent – The defendant did not knowingly attempt to defraud.
• Account mismanagement – The defendant was unaware of an issue with their account.
• Payment was made – The defendant repaid the funds within the statutory five-day period.

Common Defenses for No-Account Checks

• Fraudulent account closure – The bank closed the account improperly.
• Identity theft – The defendant’s identity was stolen and used to write bad checks.
• Clerical error – The defendant was unaware the account was closed when writing the check.

Other Financial Crimes Related to Bad Checks in Michigan

• Forgery of Financial Documents (MCL 750.248b) – Altering or falsifying checks.
• Uttering and Publishing False Documents (MCL 750.249) – Attempting to cash or present a fraudulent check.
• Bank Fraud (MCL 750.271) – Using deception to obtain funds from a financial institution.
• Credit Card Fraud (MCL 750.157n) – Using false checks to fund credit card transactions.

How an Experienced Check Fraud Defense Attorney Can Help

A skilled Michigan criminal defense attorney can:

✔ Challenge insufficient evidence
✔ Negotiate plea agreements for reduced charges
✔ Present strong defenses against fraudulent intent
✔ Help first-time offenders avoid criminal records

Call D.G. Moore Law for a Free Consultation

If you are facing check fraud or bad check charges in Michigan, securing experienced legal representation is crucial. Contact D.G. Moore Law today for a free consultation and protect your rights.

Call Now: (269) 808-8007

Resources:

For more information on Michigan check fraud laws, visit:

• Michigan Legislature – MCL 750.131 (Insufficient Funds Checks)
• Michigan Legislature – MCL 750.131a (No-Account Checks)
• Federal Trade Commission – Consumer Protection

FAQs About Check Fraud and Writing Bad Checks in Michigan

Can I be charged with check fraud for bouncing a check?

Yes, but the law allows you five days to repay the amount before criminal charges apply.

What happens if I accidentally write a check with insufficient funds?

If it was a mistake and not intentional fraud, you may be able to resolve the issue with the bank or recipient before charges are filed.

Can a check fraud charge be dropped?

Yes, charges may be dropped or reduced if you can show lack of intent, bank error, or prompt repayment.

Will a bounced check go on my criminal record?

If charged and convicted, yes—even misdemeanors stay on your record and can impact employment and housing opportunities.

Can I go to jail for writing a bad check?

Yes, depending on the amount and circumstances, penalties range from fines to up to 2 years in prison.

What if I didn’t know my account was closed?

If you genuinely did not know, this could serve as a defense against intent to defraud.

Can I remove a check fraud conviction from my record?

Expungement may be possible depending on the conviction details. Speak with an attorney for options.