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Worthless checks are a crime under Florida law. A person knowing at the time of writing it that there are not sufficient funds on deposit with which to pay the check is committing a crime. Intent to defraud is presumed when any check is dishonored due to a closed account. When a check is dishonored due to the lack of funds in the account, the writer of the check must pay the holder the amount of the check, along with a service charge, if within seven days after receiving written notice from the holder, or else intent to defraud will be presumed. Each conviction for a worthless check can result in jail time and/or a monetary fine for a misdemeanor, and prison time and/or a monetary fine for a felony. These penalties may be in addition to paying restitution to the victim, State of Florida and/or court costs. The State Attorney's Office will prosecute people for passing worthless checks and people do go to prison. There was a recent incident were an individual prosecuted in this judicial circuit was sentenced to 5 1/2 years in Florida State Prison for passing worthless checks. You must understand that you can be prosecuted EVEN if you pay restitution to the victim. In addition to the above, you may limit your future employment opportunities if your are convicted of passing a worthless check. Many employment applications ask if you have ever been convicted of a crime. Conviction of a crime, could also limit your eligibility to obtain certain professional or business licenses to say nothing of your credit rating being affected, thereby reducing or eliminating your chances of obtaining future bank loans. Arrest and conviction records are public in nature and local newspaper routinely print the names and addresses of those convicted of crimes. Thus, conviction of any crime can damage your reputation. Passing a worthless check is going to cost you, at the very least, the amount for which the check is written, a service charge, and State of Florida processing costs. In addition, you may even be required to perform community service work. Repeat offenders receive much harsher treatment. Passing worthless checks can not only result in the above penalties but will follow you the rest of your life. Should you have any questions concerning worthless checks, you should contact the State Attorney's Office for further information.
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