A bounced check can seem like a minor financial hiccup, but under Arizona law, passing bad checks can lead to criminal charges that carry significant consequences. If you’re facing a bad check charge, a Scottsdale passing bad checks lawyer at Suzuki Law Offices will help you understand where you stand and what can be done about it.
What starts as a civil matter can escalate quickly. Once a check is dishonored and proper notice is given, the clock starts ticking, and if the amount isn’t resolved in time, prosecutors can and do pursue criminal charges. The difference between a misdemeanor and a felony often comes down to the dollar amount and how quickly the situation is addressed.
At Suzuki Law Offices, we’ve built our practice on the principle that every client deserves experienced, attentive representation, no matter the charge. If you need a Scottsdale white collar crimes lawyer who will take your situation seriously and fight for the best possible outcome, our team is ready to help. We are available 24/7.
What Is “Passing Bad Checks” Under Arizona Law?
Under A.R.S. § 13-1807, a person commits the offense of issuing a bad check when they issue or pass a check knowing they don’t have sufficient funds in their account to cover it, including all other outstanding checks at the time of issuance.
The word “knowing” is critical here. The law requires that you were aware of the insufficient funds at the time you wrote or passed the check. That means an honest mistake—a miscalculation, an unexpected bank adjustment, or a timing issue—is not automatically a crime.
In fact, Arizona law provides specific defenses, including:
- The payee already knew or had reason to believe there weren’t sufficient funds
- The check was postdated, and sufficient funds were available on the later date
- The insufficient funds resulted from an adjustment made by the bank without notice to you
These defenses are worth exploring, and an experienced passing bad checks attorney in Scottsdale will know how to apply them to your specific situation.
How the Criminal Process Works
Arizona law builds in a notice-and-cure period before criminal charges can be pursued. Under A.R.S. § 13-1808, if a check is dishonored for insufficient funds within 30 days of being issued, the holder must send you formal written notice. From the date you receive that notice, you have 12 days to pay the full amount owed, including any applicable costs.
If you pay within that window, criminal prosecution is generally off the table. If you don’t, prosecutors can move forward with charges, and the presumption under Arizona law shifts against you.
Specifically, failure to pay within 12 days of notice creates a legal presumption that you intended to defraud, which makes the prosecution’s job significantly easier.
This is why acting quickly and seeking legal guidance is so important. A Scottsdale passing bad checks lawyer can help you work within the notice period, respond appropriately, and in many cases resolve the matter before it ever reaches a courtroom.
Penalties for Passing Bad Checks in Arizona
The severity of the charge depends primarily on the dollar amount of the check:
- Under $5,000: Class 1 misdemeanor: up to 6 months in jail, fines, and restitution
- $5,000 or more: Class 6 felony: up to 2 years in prison, if the full amount is not paid within 60 days of receiving notice under A.R.S. § 13-1808
It’s also worth noting that passing bad checks can overlap with Arizona’s theft statute under A.R.S. § 13-1802. If prosecutors can establish that you obtained property or services by passing a check you knew would bounce, they may pursue theft charges instead. These carry steeper penalties based on the value involved, up to a Class 2 felony for amounts of $25,000 or more.
In addition to criminal penalties, you may also face civil liability. The holder of a dishonored check can pursue a service fee of up to $25 plus any bank charges under A.R.S. § 44-6852, and may seek additional civil damages through the courts.
How Suzuki Law Offices Approaches These Cases
Bad check cases may seem straightforward, but the details matter enormously. Was proper notice given? Was the presumption of intent triggered? Were the funds genuinely unavailable, or was there a banking error or miscommunication? These are the questions that determine whether a charge holds up, and they’re the questions our team is trained to ask.
At Suzuki Law Offices, we have former law enforcement investigators on staff who understand how financial crime cases are built and where they can be challenged. We review every piece of evidence, every communication, and every step of the process to identify weaknesses in the prosecution’s case and build the strongest possible defense on your behalf.
We also understand that many bad check cases involve people who made a genuine mistake under financial pressure, not deliberate fraud. Our approach is never to judge; it’s to fight for you with the same integrity and commitment we’d bring to any case.
Contact a Scottsdale Passing Bad Checks Lawyer Today
Facing criminal charges of any kind is stressful, and it’s easy to feel like the situation is out of your control. At Suzuki Law Offices, we make it a priority to keep you informed and supported at every stage of your case. From the moment you sign on with our firm, you’ll receive a welcome communication outlining your points of contact, your attorney, and what to expect going forward.
We’re available 24/7; that means nights, weekends, and holidays, because we know that legal problems don’t keep office hours.
Whether you’re dealing with a misdemeanor bad check charge or a situation that has escalated into felony territory, a Scottsdale passing bad checks lawyer from our team is ready to step in and start working for you right away.
Call or text (602) 682-5270 or complete a Free Case Evaluation form