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But whether you'll face criminal penalties can depend on the laws in your state and if you cashed a bad check intentionally. If you are the victim of a scam and deposited a bad check in good faith, you're unlikely to face criminal charges. But if you knowingly deposited a check, you might face fines and jail time.
A bad check is also known as a hot check and writing one is illegal. Banks normally charge a fee to anyone who unintentionally writes a bad check. The punishment for trying to pass a bad check intentionally ranges from a misdemeanor to a felony.
Writing a bad check in Arizona is a crime and for first time offenders the crime may be charged as a Class 1 misdemeanor. In some cases, first time offenders may be charged with a class six felony depending on the amount the check was written for.
People who write bad checks are normally charged fees by their banks and they could be on the hook for any fees incurred by the payee as well. Knowingly writing a bad check may constitute a misdemeanor or a felony, depending on the amount of the check and the state in which it was written.
Penalties for issuing a bad check include up to 6 months in jail and a $2,500 fine, plus full restitution. For more information, download our Check Enforcement Guidebook (PDF) or check out our list of frequently asked questions.
If you do send post-dated checks, the collector must not deposit the check before the date you have written on it. Also, the collector must give you 3 to 10 business days' notice before depositing the check.
In Arizona, per A.R.S. §13-1807 ?Issuing Bad Checks? occurs when a person issues or passes a check knowing that they do not have sufficient funds in their account for the full payment of that check as well as all other checks outstanding at the time the check was issued by the defendant.