Worthless checks offenses often occur when an individual does not have the necessary funds to cover the amount promised by the check. Florida law includes heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, worthless checks offenses by state authorities. His experience and knowledge serve as invaluable assets to his clients.
To arrange for a free and confidential consultation with respect to any worthless checks offense, contact our office at 305-330-1774. For complete details about Mr. Petruzzi’s background, expertise and experience, click here.
Florida worthless checks offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing worthless checks include:
832.05 Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form.–
(2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.–
(a) It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or deliver to another any check, draft, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation; except that this section does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure payment as aforesaid, nor does this section apply to any postdated check.
(b) A violation of the provisions of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083, unless the check, draft, debit card order, or other written order drawn, made, uttered, issued, or delivered is in the amount of $150, or its equivalent, or more and the payee or a subsequent holder thereof receives something of value therefor. In that event, the violation constitutes a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.
(3) CASHING OR DEPOSITING ITEM WITH INTENT TO DEFRAUD; PENALTY.–
(a) It is unlawful for any person, by act or common scheme, to cash or deposit any item, as defined in s.674.104(1)(i), in any bank or depository with intent to defraud.