Can I go to jail for bouncing a check in Nevada?

Posted by Neil Shouse | Jun 23, 2014 | 0 Comments

Yes, though you can usually avoid incarceration as long as you pay everything back.

Passing a check when you know you have insufficient funds is illegal in Nevada. But you should avoid criminal charges as long as you make good on the check within five (5) days of being notified of the bounced check. Otherwise, the creditor may inform the D.A.'s office and pursue charges.

Bouncing a check for less than $650 is a misdemeanor in Nevada carrying up to 6 months in jail and/or up to $1,000 plus restitution. But a fourth-time charge of bouncing a check will be prosecuted as a category D felony, carrying 1 to 4 years in Nevada State Prison and maybe $5,000 plus restitution.

Bouncing a check for $650 or more is a category D felony in Nevada, carrying 1 to 4 years in Nevada State Prison and maybe $5,000 plus restitution. But bouncing a check that is meant to pay someone's wages is instead charged as a gross misdemeanor, carrying up to 364 days in jail and/or up to $2,000 plus restitution.

Prosecutors are often amenable to dismissing Nevada bad check charges as long as the defendant pays everything back. The D.A. may even agree to a payment plan. In rare cases the D.A. may accept less than the full amount owed, but this typically occurs only when the defendant is ill. Read more information on the Nevada crime of bad checks and in our article, "Is it a crime not to pay back casino markers in Nevada?"

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).


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