PASSING BAD CHECKS DEFENSE ATTORNEYES IN KANSAS CITY, MISSOURI
PASSING BAD CHECKS DEFENSE ATTORNEYES IN KANSAS CITY, MISSOURI
If your bank just bounced a check you wrote, you may assume it is a simple banking error, an awkward phone call, an overdraft fee — maybe an angry vendor. In Missouri, however, one rubber check can ignite a full-blown criminal prosecution.
Passing bad checks is codified under RSMo 570.120, a provision lodged in the same chapter as theft and fraud crimes. The state’s message is blunt: a check backed by insufficient funds is treated as property taken by deceit, and prosecutors pursue it with the same energy they bring to shoplifting or burglary.
If you’ve been charged with passing a bad check in Missouri, call KC Defense Counsel and speak with one of our experienced Kansas City defense attorneys near you.?
HOW THE STATE OF MISSOURI LOOKS AT A HOT-CHECK CASE
Most counties, including Jackson, Clay, Platte, and Cass, fund bad-check units inside their prosecutor’s office. These units send ten-day “pay up or else” letters, tack on handling fees, and draft arrest warrants the moment the grace period expires. In Kansas City, police refer nearly all forged or nonsufficient-fund (NSF) complaints straight to the Jackson County Bad Check Unit before writing a formal report. ?
Why so aggressive? Legislators see hot checks as a drag on local commerce and an easy gateway to bigger fraud. A dedicated unit allows prosecutors to recover money for victims, collect county fees, and keep conviction statistics healthy — all with minimal courtroom time.
The downside, of course, lands on you: take more than ten days to respond, and what was once a civil debt morphs into handcuffs and an arraignment.
BREAKING DOWN MISSOURI’S BAD-CHECK LAWS
Section 570.120 makes it a crime to “issue or pass a check, draft, or order for the payment of money, knowing it will not be paid by the drawee.” Four key ideas sit inside that one sentence:
Issue or pass: you can be charged even if the check never reaches the bank; handing it across a store counter is enough.
Check, draft, or order: personal checks, business checks, and electronic “sight orders” such as cashier-check requests all qualify.
Knowledge: the prosecutor need not read your mind; they may infer knowing intent from bounced checks in the past, rapid account closures, or ignoring notice letters.
Will not be paid: NSF, “account closed,” or “no such account” will satisfy this element.
Remember, intent does not require a confession. Circumstantial proof, text messages promising funds that never arrive, account ledgers showing prior overdrafts, even surveillance footage of you emptying the account minutes before writing the check, can all persuade a jury that you knew the money was missing.
WHEN DOES A MISDEMEANOR BECOME A FELONY?
Missouri grades the offense by dollar amount and by account status. If the face value (or the combined value of multiple checks written within any ten-day span) is less than $750, the charge is a Class A misdemeanor. That carries a maximum of one year in the county jail and a fine that can reach two thousand dollars. ? ?
Cross the $750 line, or write even a one-dollar check on a closed or nonexistent account and the crime escalates to a Class E felony. The sentencing range jumps to as much as four years in the Missouri Department of Corrections and up to $10,000 in fines. ? ? ?
The statute also allows aggregation, meaning fifteen forty-dollar checks written to the same merchant over a weekend can be stapled together and charged as a single felony worth $600 if they fall inside a single ten-day window.
Prosecutors like that math: defense lawyers work hard to break the timeline apart.
EXTRA COSTS AND ADMINISTRATIVE FEES
On top of statutory fines, counties impose an administrative handling fee, often ten percent of each check, capped at fifty dollars, to fund the bad-check unit itself. Many courts also order reimbursement of bank charges and any service fees the merchant paid to chase you.
Ignore the payment plan and you can expect a probation-revocation warrant. ?
PENALTIES FOR PASSING BAD CHECKS IN MISSOURI
A conviction for passing bad checks triggers more than jail bars and fines:
Professional licenses: Nurses, teachers, real-estate agents, and anyone regulated by the state can face discipline for a “crime of dishonesty.”
Driver’s-license holds: An open bad-check warrant blocks license renewal at the DMV.
Credit-card processing bans: Small-business owners may be black-listed by merchant processors who see fraud convictions as red flags.
Housing obstacles: Landlords treat check fraud as proof the rent might bounce.
Immigration risks: For non-citizens, crimes involving moral turpitude can lead to deportation.
Security clearances: Federal contractors must report convictions that reflect on fiduciary trust.
Once the stain is on your record, expungement is possible—but only after three years for a misdemeanor or seven years for a felony, and only if you stay conviction-free in the meantime. That is a long stretch to explain NSF checks to employers.
WHY IT MATTERS TO HIRE AN EXPERIENCED KANSAS CITY CRIMINAL DEFENSE ATTORNEY
Because the bad-check unit mails its ten-day letter before filing charges, the window for damage control is brutally short.
At KC Defense Counsel, our seasoned Kansas City defense lawyers can step in the moment you receive the notice and often resolve the case before any criminal docket number ever exists. Here is what effective counsel brings to the table:
Pre-charge negotiation: Your attorney can verify the claimed amount, challenge inflated collection fees, and wire restitution directly to the prosecutor’s office, sometimes triggering an administrative dismissal so no criminal record is born.
Attacking “knowledge”: Bank errors, payroll delays, identity theft, or fraud-hold freezes can destroy the state’s claim that you knew the funds were missing. Subpoenaed statements and expert banking testimony tell that story.
Challenging aggregation: If the checks did not arise from the same course of conduct or fall outside the ten-day window, the felony may fracture into multiple misdemeanors, cutting punishment by 75 percent.
Civil vs. criminal distinctions: A check given for past debt should be a civil matter, not a crime. An attorney forces the state to prove the check purchased goods or services in the moment.
Diversion and deferred prosecution: Jackson County offers diversion plans, restitution plus a personal-finance course in many first-offense cases. Complete it, and the charge vanishes. Without counsel, you may never hear the option. ?
Expungement road-map: If dismissal is off the table, counsel positions the case for a plea that keeps you eligible to seal it later, often pleading down the amount or tightening the date range to avoid disqualifying factors.
COMMON DEFENSES RAISED IN KANSAS CITY COURTROOMS
Bank-error defense: The bank placed an unauthorized fraud hold or mis-posted a deposit. Paper trails from the branch manager back you up.
Identity theft or forgery: Someone forged your signature or altered the amount. Handwriting experts and surveillance footage can persuade the prosecutor to redirect the case to the real culprit.
Post-dated check agreement: If the payee agreed to hold the check until payday, the state may struggle to prove you intended fraud. Text messages confirming the arrangement are gold.
Lack of statutory notice: The ten-day letter must be sent by certified mail to your correct address. If the prosecutor cannot show delivery, the case can collapse.
Insufficient aggregation timeline: Checks written eleven days apart break the felony threshold, even if the total is $10,000.
These defenses rarely appear magically in the discovery packet; they must be investigated and asserted early, before a plea offer is locked in.
STEPS TO TAKE IF YOU’RE THE SUBJECT OF A BAD CHECK INVESTIGATION
Practical Steps to Take the Moment You Learn of a Bad-Check Investigation
Say nothing to the store or police. Politely decline and request counsel. Even innocent explanations can be twisted into an admission you “knew” funds were short.
Collect your records. Download bank ledgers, deposit slips, overdraft alerts, and any texts with the payee discussing the check.
Find the ten-day clock. The notice date starts when you receive the certified letter, not the day it was mailed. Mark it on a calendar.
Call KC Defense Counsel. Early intervention often stops an arrest from ever hitting public databases.
Freeze new checks. Writing more checks on that account—even if you believe money is there, could look like a pattern of fraud and wreck your credibility.
CONTACT KC DEFENSE COUNSEL TODAY FOR A FREE CASE EVALUATION
At KC Defense Counsel our affordable Missouri criminal defense attorneys once sat on the other side of the aisle running the very units that now threaten you. That insider understanding lets us contact the right clerk, time restitution for maximum leverage, and frame your narrative before the prosecutor drafts a single count.
Judges respect lawyers who try cases; prosecutors respect lawyers they fear losing to. Our trial record delivers that respect, translating into better plea deals—or outright dismissals, for our clients.
FAQ ABOUT BAD-CHECK PASSING CHARGES
Q: “Can’t I just pay the store tomorrow and make it go away?”
Maybe. If no charge is filed yet. Once the prosecutor opens a case, only the court can dismiss. Paying restitution is vital but not enough on its own.
Q: “Is jail guaranteed on a felony?”
No. First-time offenders with prompt restitution often receive probation. Still, ignore court orders or pick up a new charge and the judge can send you to DOC for up to four years.
Q: “What if my check was electronic?”
Electronic checks and “ACH drafts” count if they direct a bank to pay. Venmo or PayPal glitches are usually civil disputes, but attach a note saying “rent” or “TV,” and prosecutors may stretch the bad-check statute—or file a different theft charge.
Q: “How long will this take?”
A misdemeanor resolved quickly with restitution can close in two or three months. A felony headed for trial may run a year. Your lawyer’s strategy—negotiate fast or fight long—drives the calendar.
Call KC Defense Counsel or complete our confidential online form today. The consultation costs nothing; the peace of mind is priceless. Let our experience turn a banking misstep into a legal non-event—before the state balances the books with your freedom.