Madison WI Issuance of Worthless Check Defense Attorney

The possible punishment for issuance of a worthless check depends on the value of the check.  If the value of the worthless check or the aggregate value of multiple worthless checks within a 90-day period is less than $2,500.00, the crime of issuance of a worthless check in Wisconsin is a Class A misdemeanor punishable by up to 9 months jail and a fine of $10,000. If the value of the bad check or the aggregate value of multiple bad checks within a 90-day period is $2,500.00 or more, the crime of issuance of a worthless check is a Class I felony,  punishable prison of up to 3 years 6 months and a fine of up to $10,000.

On the Wisconsin criminal charge of issuance of a worthless check, the state needs to prove all of the following beyond a reasonable doubt:

That the defendant issued a check.  Under Wisconsin law, a check is an unconditional order to pay money. A checked is officially issued when it is signed and delivered to another.

At the time the check was issued, the defendant intended that it not be paid.

In a felony case, the state also needs to prove that the value of the check exceeded the felony threshold.

Often the most ambiguous part of a criminal case involving the charge of issuance of a worthless check is the question of whether the defendant intended that the check be paid at the time it was issued.  As a result, this is often the focal point of the defense to the charge. What you do after you receive notice that the check bounced is important.  If you issued a check mistakenly believing that you had enough money in the account to cover the check, then made good on the check within five days of finding out that the check bounced, you are not guilty of issuing a worthless check under the Wisconsin criminal law.  If you fail to make good on the check within five days of finding out that it bounced, however, the court will treat that as “prima facie” evidence that you did not intend to make good on the check at the time it was issued.  Prima facie evidence is enough to support getting charged with the offense of issuing a worthless check, but it is not conclusive proof that you did not intend to pay the check.  Your testimony or other evidence or circumstances that shows that you intended make good on the check at the time it was issued can still defeat the charge.

The following is a list of circumstances that are treated as prima facie evidence that you did not intend to make good on the check at the time it was issued:

(a) Proof that, at the time of issuance, the person did not have an account with the drawee; or

(b) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address or the address provided on the check or other order; or

(c) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address or the address provided on the check or other order.