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Issuing Bad Checks (A.R.S. §13-1807)

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Issuing Bad Checks (A.R.S. §13-1807)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 400+ Theft / Fraud Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Theft / Fraud Crimes Victories!

Beware of Theft / Fraud Crimes Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Theft / Fraud Crimes Attorney and Theft / Fraud Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Theft / Fraud Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Issuing Bad Checks Crimes Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Issuing Bad Checks Crimes cases.

Every Major Felony Issuing Bad Checks Crimes case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

What is Issuing Bad Checks in Arizona?

In Arizona, per A.R.S. §13-1807 “Issuing Bad Checks” occurs when a person issues or passes a check knowing that they do not have sufficient funds in their account for the full payment of that check as well as all other checks outstanding at the time the check was issued by the defendant.

Need a Phoenix Bad Check Lawyer? Contact David Michael Cantor if you have been charged with Issuing Bad Checks. Call 602-307-0808 for a Free Initial Consultation.

Possible Punishment for Issuing Bad Checks

The issuance of a bad check is a class one (1) misdemeanor. The range of punishment for an offense is anywhere from probation with zero (0) days in jail, up to six (6) months in jail. Additionally, there could be a zero (0) dollar fine up to twenty-five hundred ($2500.00) fine with an additional 84% of surcharges added to that amount. Issuing a bad check in an amount of five thousand dollars or more is a class six (6) felony if the person fails to pay the full amount of the check, including accrued interest at the rate of 12% per year, and any other required fees within sixty days after receiving notice that the check bounced. For a first offense a class six (6) felony, punishment can be probation with zero (0) days up to one (1) year in jail, or prison of four (4) months to two (2) years of incarceration. If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) historical allegeable prior felony convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.

Possible Defenses for Issuing Bad Checks

The Bad Checks statute specifically identifies three defenses to a Bad Checks prosecution. The first situation where prosecution is inappropriate is when the person receiving the check (the payee) knows, or should know, that the payer of the check (the person whose bank account it is) does not have sufficient funds in their account to cover the check at that particular time. Typically this occurs when the payee has been asked to hold on to the check and cash it in a couple of days, when the defendant either gets paid or a refund goes through. The second defense for Issuing Bad Checks is when the check is “post-dated” (there is a future date written on the check) and on that date sufficient funds are actually deposited into the defendant’s account to cover all the outstanding checks. The last defense is when the insufficiency of the funds resulted from an adjustment to the check writer’s account by the bank without notice to that person. In other words, the bank made some type of withdrawal for fees and service charges without notifying the account holder, which then resulted in a check bouncing. Another defense that is not listed in the statute, but is a defense nonetheless, is that the defendant lacked knowledge that the check would bounce. A conviction under this statute is only appropriate where the defendant wrote the check knowing that the check would bounce, and not intending to have sufficient funds to pay off the debt. If the defendant was charged for something mistakenly at a store, or a family member went and withdrew money from the account without the defendant’s knowledge, that is a defense to a Bad Checks charge.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Bad Checks lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Bad Check Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Bad Check Lawyers know the system well.

The Best Phoenix Issuing Bad Checks Law Team in Arizona

How do you know who has the best Issuing Bad Checks Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Issuing Bad Checks in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Issuing Bad Checks Crime Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Issuing Bad Checks Crime Defense Team, DM Cantor.

David is a highly-skilled Issuing Bad Checks Defense Lawyer who knows the Issuing Bad Checks laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Issuing Bad Checks Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Issuing Bad Checks Crimes overview as to how the DM Cantor Phoenix Issuing Bad Checks Crimes Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Issuing Bad Checks. So whether you have a single Issuing Bad Checks charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Issuing Bad Checks Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Issuing Bad Checks Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Issuing Bad Checks charge.

Click here… if you have not been charged with Issuing Bad Checks yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Issuing Bad Checks lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Issuing Bad Checks Lawyers in Arizona know the system well.

The Collateral Consequences Of An Issuing Bad Checks Conviction

The effects of a Issuing Bad Checks conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Issuing Bad Checks Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Issuing Bad Checks Crimes, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Issuing Bad Checks Crimes Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Issuing Bad Checks Crimes Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Issuing Bad Checks Crimes Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Issuing Bad Checks Crimes Lawyers always offer free consultations for an initial visit with our Phoenix Issuing Bad Checks Crimes Defense Attorneys. We are often considered to be the “best Issuing Bad Checks Crimes Defense Lawyer”.

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