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Larceny by Check
What is Larceny by Check?
Larceny by check is a criminal offense in Massachusetts that occurs when someone writes a check knowing there are insufficient funds in their account to cover it. This can result in serious legal consequences if not addressed promptly.
How does Larceny by Check happen?
Common scenarios include:
- Writing a personal check for merchandise or services without realizing your account has insufficient funds.
- Depositing a check that later bounces, leading to a negative balance.
- Unexpected service charges that cause your account to go negative.
- Believing you would have sufficient funds to cover the check but an emergency arises preventing the deposit.
What should I do if I am accused of Larceny by Check?
If you find yourself accused of larceny by check, it is crucial to take the following steps:
- Do Not Ignore the Situation: Address the issue immediately to prevent further complications.
- Contact the Store or Merchant: Sometimes, resolving the payment directly with the store or merchant can prevent them from pursuing legal action.
- Seek Legal Advice: Contact an experienced criminal defense attorney to discuss your case and explore your options.
What are the potential consequences of Larceny by Check?
Larceny by check is considered a theft crime and can result in:
- Criminal charges
- Fines
- Restitution payments
- Possible jail time
- A permanent criminal record, which can affect future employment and other opportunities
Can an attorney help me with a Larceny by Check charge?
Yes, an experienced attorney can provide valuable assistance by:
- Reviewing the specifics of your case to determine the best defense strategy.
- Negotiating with the store or merchant to settle the matter out of court.
- Representing you in court if necessary to ensure your rights are protected and to strive for the best possible outcome.
What defenses are available for Larceny by Check?
Several defenses might be applicable, including:
- Lack of intent: Demonstrating that you did not knowingly write a bad check.
- Mistake or error: Proving that an honest mistake led to the insufficient funds.
- Repayment: Showing that you have since made good on the payment.
Why is it important to act quickly?
The longer you wait, the more complicated and severe the situation can become. Prompt action can help mitigate potential consequences and demonstrate your willingness to resolve the matter.
How can I learn more or get help?
For more information on larceny by check and to get legal assistance, contact The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof at (781) 974-3429 for a FREE CONFIDENTIAL LEGAL CONSULTATION. Our experienced attorneys are here to help you navigate the legal process and protect your rights.
Don’t let a mistake lead to a criminal record. Get the legal help you need to address a larceny by check charge and secure your future.
