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Hiring a private Attorney like Kurt Teifke to handle the accusation can result in the charges being dropped by the prosecutor before the warrant is ever served so that you do not have to go into custody.

Florida Statute Section 832.05 defines the Florida crime of Obtaining Property for a Worthless Check, Drafts and Debit Card orders, defined under Florida law to include a situation in which an individual writes a check to obtain some property or service from another individual when the person who wrote the check knows that there are insufficient funds to cover the check.

These are the common defenses to the charge of obtaining property by a worthless check:

  • Forged Check. A forged check cannot be prosecuted under this section although felony charges can be filed under Florida's forgery statute.
  • Stopping Payment with Intent to Defraud. If the person who issued the check subsequently "stopped payment" on the check, then the offense can not be prosecuted under this section of Florida law.
  • Post Dated Checks. It is a defense to the charge if the person accepting the check accepts a "post dated check," because the fact that the check is post-dated indicates to the person accepting the check that there are insufficient funds in the account at the moment the check is accepted.
  • The Person Accepted the Check knew or Should Have Known the Check was Worthless. It is a defense to the charge if the person accepting the check is expressly notified before accepting the check or has reason to believe that there are insufficient funds in the bank to cover the check at the moment it is accepted.
  • You Did Not Know the Check Would Bounce. A common defense to the criminal charge of obtaining property with a worthless check involves the "knowingly" requirement. Many people find who are charged with this worthless check offense in Florida are not guilty because they were in a difficult financial situation and wrote the check thinking that there were sufficient funds in the account, but then later found out the check bounced because of account mismanagement or some other mistake that often occurs with someone under financial stress or does not properly balance their checkbook.

Obtaining Property by a Worthless Check