Worthless (Bad) Check Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

Worthless check (s. 832.05(2); Fla. Std. Jury Instr. (Crim.) 17.3, Elements). The instruction is written for the most common case, a check exchanged for goods or money:

1. You drew, made, uttered, issued, or delivered the check in evidence.
2. When you did, there was not enough money on deposit to pay it.
3. You knew, when you wrote it, that there was not enough money on deposit.
4. You knew you had no arrangement or understanding with the bank to pay it.
5. The check was for $150 or more.
6. The payee (or a later holder) transferred it in exchange for goods or money.
7. If not exchanged for money, the goods had some monetary value.

Obtaining property with a worthless check (s. 832.05(4); Instr. 17.4, Elements): you issued the check to obtain services, goods, wares, or another thing of value that had some monetary value, and elements like 2 through 5 above.

Defenses Written Into the Law

The jury must find you not guilty if the payee or holder knew, or had good reason to believe, that your funds and credit were not enough to cover the check. Under s. 832.05(2), a postdated check is also a defense. When an employee of a business takes the check, the business is treated as knowing what the employee knew. But a payee does not have reason to believe the funds are short just because you bounced a check to them before.

Degrees and Penalties

• Worthless check (s. 832.05(2)): first-degree misdemeanor (up to 1 year and a $1,000 fine), unless the check is for $150 or more and the payee or a later holder received something of value for it. Then it is a third-degree felony (up to 5 years and a $5,000 fine).
• Obtaining property or services (s. 832.05(4)): first-degree misdemeanor under $150; third-degree felony at $150 or more.
• Cashing or depositing an item with intent to defraud (s. 832.05(3)): third-degree felony.
• Debit cards: the law also covers using a debit card while knowing the funds or available credit are not there.

Paying later is not a legal defense. The statute says payment of a dishonored check does not require dismissal. In practice, making the payee whole can still matter a great deal in how a case is resolved.

Common Miami Situations

• A deposit check to a contractor or landlord that bounced after the deal fell apart.
• A check for a used car or merchandise written from an account that was later closed.
• A check written on the understanding that the payee would wait to cash it.

Defense Themes

• No knowledge. Bank errors, holds, and someone else draining a joint account happen.
• They knew. If the payee knew or had reason to believe the money was short, there is no crime.
• Postdated or "hold this" checks. A postdated check is outside the statute, and an agreement to wait can matter on knowledge.
• A civil debt, not a crime. Many of these are contract disputes.

What to Do First

1. Gather bank statements for the weeks around the check.
2. Save texts or emails about when the check would be cashed.
3. Do not send letters or make promises to the payee without a lawyer.
4. Call us before you talk to a detective or the State Attorney's office.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is a bounced check a crime in Florida?

Only if the State proves you knew, when you wrote it, that the funds were not there. An honest mistake is not a crime.

When is a bad check a felony?

When it is for $150 or more and the payee or a later holder received something of value for it.

If I pay the check now, will the case be dropped?

Payment is not a legal defense, but it can matter in how the case is resolved. Talk to us before you pay.