Legal Question in Criminal Law in New York

Re: Reference to a bounced check

This is a classic 'criminal law' question and, if you have the patience, I am happy to give you a complete answer.

If the writer of the check knew the check was going to bounce and did not cover it within 30 days of the bounce, then that is a crime. It is a misdemeanor or felony dependant on the amount.

On the other hand, if it was an error at the time, then it is not a crime. That is true even if the person declines to cover the check later. You must get a judgment in court and then use debtor/creditor laws to enforce the debt and collect it.

In order to commit a crime, it is necessary for the malfactor to have the proper mental state or intention, the legal term is 'mens rea'

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