Legal Question in Criminal Law in Michigan

Re: NSF Check

Just because you bounced a check doesn't mean you're going to get charged. A prosecutor must prove that you intended to defraud the hotel.

Sometimes, that proof is self-evident if you have no money in an account, never made deposits, kept writing checks, etc. (But that's not your situation.) Prosecutors can subpoena your bank records before charging to see if you had a long history of negative balances, bounced checks, etc.

A prosecutor can also use your refusal or unwillingness to "make good" after-the-fact to prove prima facie evidence of an intent to defraud. That's why the law requires businesses and people to send "demand letters". If the check writer still doesn't pay after the letter, the law assumes that the check writer intended to rip the person/compnay off. Of course, that evidence can be challenged or rebutted by your evidence.

When I have to review charging requests in cases like these, I have to decide whether the conduct is criminal or civil in nature. If proof of an intent to defraud is there, I'll charge it. If it's something less (e.g., someone who made deposits but hasn't balanced their checkbooks well), then I'll let the parties use their civil remedies (small claims court, etc.) to make things right.

If a business or person accepts your late check, and deposits it, that's another reason for a prosecutor to decide to not issue a charge. Why? The victim has been made whole, and The System isn't needed as a collection agency. Let the police investigator and prosecutor know that the hotel accepted and deposited your check. That may stop the wheels of justice from spinning.

Good luck.