Burlington County Bad Checks Lawyer — What Are Your Defense Options?
Issuing a bad check in Burlington County is a serious offense under N.J. Stat. § 2C:21-5, potentially a disorderly persons offense or indictable crime. The Law Offices Of SRIS, P.C. provides defense for these charges, which can carry jail time, fines, and restitution. An experienced bad checks lawyer Burlington County can challenge the state’s intent requirement and seek dismissal or reduction of penalties.
New Jersey Bad Check Laws and Penalties
New Jersey law, specifically N.J. Stat. § 2C:21-5, criminalizes issuing a bad check. The severity of the charge depends on the check’s amount. A check for less than $200 is typically a disorderly persons offense. A check for $200 or more is an indictable crime (New Jersey’s equivalent of a felony), with degrees ranging from fourth-degree to second-degree based on the amount.
Last verified: April 2026 | Burlington County Superior Court | New Jersey Legislature
The prosecution must prove you issued the check knowing you did not have sufficient funds and with the intent to defraud. This “intent” element is a common defense point. Founded in 1997 by a former prosecutor, our firm understands how to analyze bank records and transaction histories to build a defense against these allegations.
Official Legal Resources
For the full text of the statute, refer to N.J. Stat. § 2C:21-5 (official New Jersey Legislature site). For Burlington County court procedures, visit the New Jersey Courts Burlington Vicinage website.
Handling a Bad Check Case in Burlington County Court
The procedural path for a bad check case in Burlington County depends on whether it’s charged as a disorderly persons offense (handled in Municipal Court) or an indictable crime (handled in Superior Court). For indictable charges, the case begins with a first appearance and may proceed to a grand jury. A key local procedural fact is that the Burlington County Prosecutor’s Office often seeks full restitution as part of any plea negotiation.
- Case Assessment & Evidence Review: Your attorney will obtain all discovery, including the check, bank statements, and any correspondence, to assess the state’s proof of intent.
- Pre-Trial Motions: Filing motions to suppress evidence or dismiss the case if the state cannot prove a prima facie case, particularly regarding knowledge of insufficient funds.
- Negotiation & Diversion: Exploring pre-trial intervention (PTI) for eligible first-time offenders or negotiating a plea to a lesser non-theft offense to avoid a permanent theft-related conviction.
- Trial Preparation: If no agreement is reached, preparing a defense for trial, focusing on lack of fraudulent intent, bank error, or the post-dating of the check.
Potential Penalties for Bad Checks in New Jersey
In Burlington County, a bad check conviction can result in jail time, substantial fines, mandatory restitution, and a permanent criminal record that affects employment and housing.
| Offense Level | Check Amount | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Disorderly Persons Offense | Under $200 | Up to 6 months in county jail | Up to $1,000 | Restitution, court costs, criminal record |
| 4th Degree Crime | $200 – $999.99 | Up to 18 months in state prison | Up to $10,000 | Restitution, felony record, possible PTI |
| 3rd Degree Crime | $1,000 – $74,999.99 | 3-5 years in state prison | Up to $15,000 | Restitution, felony record |
| 2nd Degree Crime | $75,000 or more | 5-10 years in state prison | Up to $150,000 | Restitution, serious felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings a foundational understanding of prosecutorial tactics to your defense. Our firm-wide experience spans over 120 combined years, and we have handled thousands of criminal cases. We focus on the specific details of your financial transactions and intent to build a strong defense against bad check allegations.
Case Results and Client Advocacy
Our approach is to seek the most favorable outcome possible, whether through dismissal, reduction, or acquittal. In past financial cases, we have successfully argued for dismissal based on lack of fraudulent intent and negotiated for admission into pre-trial diversion programs to avoid a conviction altogether.
Results may vary. Prior results do not guarantee a similar outcome.
Contact an Affordable Bad Checks Lawyer Burlington County
If you need a bad checks lawyer near me Burlington County, our local presence is accessible. Our Mount Laurel location is centrally located in Burlington County, easily accessible via I-295 and the New Jersey Turnpike, serving communities like Moorestown, Willingboro, Medford, and Evesham Township.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions
Can I go to jail for a bad check in New Jersey?
Yes. Depending on the amount, a bad check can be a disorderly persons offense (up to 6 months jail) or an indictable crime (18 months to 10 years in state prison). An experienced bad checks lawyer Burlington County can work to avoid incarceration.
What is the main defense against a bad check charge?
It depends, but a common defense is lack of intent to defraud. This can be shown if you believed funds were available, the check was post-dated, or there was an agreement with the recipient. Proving this requires a detailed review of your financial records and communications.
Will I have to pay restitution if I’m convicted?
Yes. Restitution for the face amount of the check is almost always mandatory upon conviction. A lawyer may negotiate a payment plan as part of a plea agreement or seek a case dismissal to avoid this financial obligation altogether.
Is a bad check a felony in New Jersey?
For checks of $200 or more, it is charged as an indictable crime, which is New Jersey’s equivalent of a felony. This level of charge carries more severe penalties and creates a permanent felony record, making the counsel of a bad checks lawyer Burlington County critical.
Can the charge be dropped if I pay the money back?
It depends. While making restitution is favorable, it does not automatically drop the charges. The decision rests with the prosecutor. An attorney can present your restitution as part of a negotiation for dismissal, diversion, or a reduced charge.
Related Practice Areas: NJ Theft Lawyer | NJ Fraud Defense Lawyer
Other Localities: Camden County Bad Checks Lawyer | Gloucester County Bad Checks Lawyer
State Hub: New Jersey Criminal Defense Lawyer
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Burlington County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Burlington County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Burlington County NJ lawyers directory · Bad Checks Lawyer Bergen County, NJ · Bad Checks Lawyer Hudson County, NJ · Bad Checks Lawyer Monmouth County, NJ.