Roanoke Defense Lawyer Handling Bad Check Cases
Many think that bouncing a check is a private matter between two parties. The fact of the matter, however, is having a check returned for insufficient funds can possibly lead to criminal charges. These type of cases are often seen in Southwest Virginia jurisdictions of Roanoke, Montgomery County, Botetourt, Bedford, and Lexington / Rockbridge, Virginia. If it is shown that the check was written with an intent to defraud, then a defendant may find themselves facing either misdemeanor or felony charges. A conviction can result in jail time, fines, the requirement of paying restitution, and possibly the inability to gain professional licenses. In such situations, it is important to retain a criminal defense attorney to assist you. Cerid Lugar is a Roanoke lawyer handling bed check charges. Cerid prides herself on providing a high level of service in addition to aggressive representation. Contact our office today to schedule an initial consultation. Our firm also serves Salem and other areas in southwest Virginia.
Roanoke, Virginia attorney handling misdemeanor and felony bad check cases
Bouncing a check in the Commonwealth of Virginia can lead to criminal charges. If the check is written with the knowledge that there are insufficient funds in the account, and with the intent to defraud the deceiving party, then a defendant may face larceny charges. If the check was for an amount of $200 or more, then the accused will be charged with a class six felony. Such charges carry a potential sentence of one to five years in prison. If the amount of the check was less than $200, then the accused will be charged with a class one misdemeanor and face a sentence of up to twelve months in jail. These potential sentences are penalties which may be imposed on top of fines, a permanent criminal record, and the requirement to pay restitution to the victim.
How a bad check case begins will depend on whether the matter is charged as a misdemeanor or a felony. The first step for a felony charge involves the prosecution gaining an Indictment from the Grand Jury or a finding of probable cause in the General District Court through a preliminary hearing. The defendant will then be arraigned in the Circuit Court. The prosecution will be required to prove, beyond a reasonable doubt, that the accused knew the check was bad at the time it was written. A defendant, therefore, may be able to dispute the charges if they are able to show either (1) that money was taken out of their account without their knowledge or, (2) some other set of facts suggesting doubt that they knew there was not sufficient funds in the account. If a resolution cannot be reached through a plea agreement, then the matter will proceed to a trial. Should it be a jury trial, the jurors will decide guilt or innocence and determine a sentence and the Judge would determine whether to uphold the sentence, if necessary.
Cerid Lugar is a Roanoke criminal defense attorney handling misdemeanor and felony larceny cases. She will use your initial consultation to hear your side of the story and to help you understand what to expect as your case moves through the system. Our office will work to identify any evidence which may support your defense. Cerid will work to gain the best possible outcome and, if necessary, she will take your case to trial and protect your rights from beginning to end. Our goal is to help you navigate the current situation in a way which achieves the best possible outcome. Contact us today for assistance.
Virginia lawyer staying in contact with those facing larceny charges in Roanoke, Salem, and elsewhere
Our lawyer understands the impact that being charged with larceny can have on your life. This is why she makes attorney-client communication a priority. By staying in regular contact with her clients, Cerid is able to make sure that they know the status of their cases. This contact includes promptly returning phone calls, quickly responding to emails, and making herself available to answer questions. We are honored to serve the Roanoke area and we provide this level of communication in each and every case we handle.
Other Virginia areas we serve include the cities of Cave Spring, Salem, the Botetourt County city of Hollins, the Bedford County cities of Bedford and Forest, the Franklin County city of Rocky Mount, and the Montgomery County cities of Blacksburg, Christiansburg, and Radford.