Criminal Law
Worthless Checks
How Do Worthless Checks Work in Florida?
Florida law criminalizes writing checks without sufficient funds. This includes any check returned by a bank with stamps such as “NSF” (Non-Sufficient Funds), “Insufficient Funds,” “No Such Account,” “Account Not Found,” or “NSF Unless Otherwise Indicated.” These checks are considered worthless and can result in prosecution under Florida law. Additionally, checks marked “Refer to Maker” or “Uncollected Funds” may require further investigation before criminal charges are pursued.
If a person knowingly writes a check without enough money in their account, state prosecutors can file criminal charges.
Misdemeanor vs. Felony Charges
- If the check amount is $150 or less, the charge is a misdemeanor
- If the check amount exceeds $150, it becomes a felony. Which is punishable by up to five years in prison. Under the Florida Statute § 832.05(2) or § 832.05(4).
How Can We Help?
The attorneys at the Law Offices of Whittel & Melton, have successfully defended worthless check cases brought by the government. If you have been charged with a worthless check crime, please contact us for a consultation.
Florida Statute § 832.05: Giving worthless checks, drafts, and debit card orders