A Minnesota Bad Check Lawyer on Charges Under § 609.535 and Defending Your Name
It started with a bounced check. Maybe you made a simple mistake in your checkbook, miscalculated your balance, or a deposit you were counting on didn’t clear in time. Perhaps you were facing a tough financial situation and wrote a check hoping you could cover it before it was cashed. Now, what you thought was a civil issue with your bank has escalated into a nightmare. You’ve been contacted by the police or received a summons to appear in court. You are being charged with a crime for Issuing a Dishonored Check. Suddenly, you’re not just dealing with a returned check fee; you’re facing the possibility of jail time, a criminal record, and a conviction that could brand you as dishonest for the rest of your life.
Many people in Minnesota are shocked to learn that writing a bad check can be a crime. They believe it’s a simple matter of paying the money back. But the law sees it differently. If a prosecutor believes that at the moment you wrote the check, you intended for it not to be paid, they can charge you with a crime that ranges from a misdemeanor to a 5-year felony. This is a serious fraud offense, and you are now facing the full weight of the criminal justice system. You do not have to go through this alone. I have defended good people across Minnesota—from Minneapolis and St. Paul to Rochester, Duluth, and St. Cloud—who made an honest mistake or fell on hard times and are now facing unfair criminal charges. An error in judgment should not destroy your future.
What “Issuing a Dishonored Check” Actually Means in Minnesota
The crime of Issuing a Dishonored Check in Minnesota is not about the simple act of a check bouncing. The entire case hinges on your state of mind at the precise moment you handed the check to someone else. The crime, as defined by Minnesota Statute § 609.535, is issuing a check which, at the time of issuance, you intend shall not be paid. It is a crime of fraudulent intent. If you genuinely believed you had the funds to cover the check, or if an unexpected financial event occurred after you wrote it, you have not committed a crime. The prosecutor must prove, beyond a reasonable doubt, that you acted with a deceptive purpose from the outset.
This law is designed to punish fraud, not financial hardship or honest mistakes. A Minnesota dishonored check charge means the state believes you were trying to get something for nothing. Common scenarios include writing a check from an account you know is closed, writing a check for a large purchase when you know your account is empty, or engaging in a pattern of writing small, bad checks across town. The law gives prosecutors powerful tools to “prove” your intent, including legal presumptions that can turn a simple bounced check into a criminal case if you don’t act quickly to resolve it.
The Law on Bad Checks — Straight from Minnesota Statute § 609.535
To build your defense, you must understand the exact law the state is using against you. The entire case will be built around the language in Minnesota Statute § 609.535, titled “Issuance of Dishonored Checks.” This statute defines the crime, sets the penalties, and, most importantly, outlines how a prosecutor can prove the critical element of your intent.
The core of the offense and the methods for proving it are found in Subdivisions 2 and 3. This language is the foundation of the charge you are facing.
609.535 ISSUANCE OF DISHONORED CHECKS.
Subd. 2.Acts constituting. Whoever issues a check which, at the time of issuance, the issuer intends shall not be paid, is guilty of issuing a dishonored check and may be sentenced as provided in subdivision 2a…
Subd. 3.Proof of intent. Any of the following is evidence sufficient to sustain a finding that the person at the time the person issued the check intended it should not be paid:
(1) proof that, at the time of issuance, the issuer did not have an account with the drawee;
(2) proof that, at the time of issuance, the issuer did not have sufficient funds or credit with the drawee and that the issuer failed to pay the check within five business days after mailing of notice of nonpayment or dishonor…; or
(3) proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit with the drawee and that the issuer failed to pay the check within five business days after mailing of notice of nonpayment or dishonor…
Anatomy of a Dishonored Check Charge: What the State Must Prove
A prosecutor cannot simply point to a bounced check and claim you are guilty. To secure a conviction, they must prove every element of the crime beyond a reasonable doubt. This is a high burden, and the most difficult element for them to prove is what was going on in your head. My defense strategy is built around attacking the state’s evidence on these elements, particularly their claims about your intent.
- The Act of Issuing a Check: First, the state must prove that you issued a check, draft, or similar instrument. This means you wrote the check and delivered it to another person or business to obtain goods, services, or cash. In most cases, this element is easily proven with the check itself and testimony from the recipient.
- The Intent for it Not to be Paid: This is the heart of the entire case and the key to your defense. The prosecutor must prove that at the very moment you handed over the check, you had the specific intent that it would not be honored by your bank. A subsequent inability to pay because of a lost job, an unexpected emergency, or a bank error does not satisfy this element. The fraudulent intent must exist at the time of issuance.
- The Statutory Presumptions of Intent: Because proving intent is difficult, the law gives prosecutors a powerful shortcut. A judge or jury is allowed to presume you had fraudulent intent if the state can prove certain facts. The most common is (1) you didn’t have sufficient funds when you wrote the check, (2) the recipient sent you a formal notice of dishonor by mail, and (3) you failed to pay the full amount of the check within five business days of that notice being mailed. This presumption is not absolute, but it puts the burden on you to present evidence to overcome it.
The Serious Penalties for Writing a Bad Check in Minnesota
Do not let the seemingly simple nature of this crime fool you. The penalties for issuing a dishonored check in Minnesota are severe and are tiered based on the value of the check or checks involved. The state can also “aggregate” the value of multiple bad checks written within a six-month period to charge you with a single, more serious offense.
Felony Dishonored Check (Value Over $500)
If the value of the single dishonored check, or the total value of aggregated checks, is more than $500, you are facing a felony. A conviction is punishable by up to 5 years in prison and/or a fine of up to $10,000.
Gross Misdemeanor Dishonored Check (Value Over $250 to $500)
If the value of the check or aggregated checks is more than $250 but not more than $500, the crime is a gross misdemeanor. A conviction is punishable by up to 364 days in jail and/or a fine of up to $3,000.
Misdemeanor Dishonored Check (Value of $250 or less)
If the value of the check or aggregated checks is $250 or less, the crime is a misdemeanor. A conviction is punishable by up to 90 days in jail and/or a fine of up to $1,000. On top of these penalties, a judge will almost always order you to pay full restitution to the victim.
How a Bounced Check Becomes a Crime: Real-Life Minnesota Scenarios
A simple financial miscalculation or a period of hardship can quickly spiral into a criminal matter if not handled correctly. The transition from a civil debt to a criminal charge often happens after the statutory five-day notice is sent and expires.
The Rent Check in Minneapolis
You are a few days away from payday, but your rent for your apartment in Minneapolis is due. You write your landlord a check for $1,200, hoping your direct deposit hits before the check is cashed. It doesn’t. The check bounces. Your landlord sends the certified mail notice of dishonor to your address. Still struggling, you are unable to come up with the full amount within five business days. Your landlord turns the matter over to the police, and because the value is over $500, you are now facing a felony criminal charge.
The Business Purchase in Rochester
You own a small contracting business in Rochester and need materials for a job. You write a check for $2,000 to a supplier, knowing your business account is nearly empty but expecting a large payment from a client. That client payment is delayed. Your check to the supplier bounces. Because you knew the funds were not sufficient at the time of issuance, and the amount is over $500, the Olmsted County Attorney’s Office charges you with felony issuance of a dishonored check.
The Aggregated Checks in a St. Paul Suburb
You lose your job and fall on hard times. Over a few weeks, you write several small checks at various locations in a suburb like Maplewood or Eagan—$80 for groceries, $50 for gas, $150 for a utility bill. They all bounce. The retailers send the required notices, but you can’t pay. The county attorney’s office gathers these separate misdemeanor-level cases, adds the values together to a total of $280, and charges you with one count of gross misdemeanor dishonored check under the aggregation rule.
The Closed Account in Duluth
You switched banks months ago and thought you had destroyed all the old checks from your closed account. You find one in your car and, in a moment of haste, use it to pay for repairs at a shop in Duluth. The check is, of course, returned because the account is closed. The law states that proof of having no account with the bank at the time of issuance is sufficient evidence to show you intended for it not to be paid. Even though it was a genuine mistake, you are now facing a criminal charge.
Building Your Defense: Strategies Against a Bad Check Charge
When you are facing a dishonored check charge, the entire case revolves around your intent. The prosecutor is trying to convince a jury what you were thinking at a specific moment in the past. This is incredibly difficult to prove without relying on the legal shortcuts, or “presumptions,” written into the law. A strong defense is built by directly attacking those presumptions and presenting evidence of your good faith.
An accusation of fraud is an attack on your character. It is my job to defend not just your freedom, but your reputation. We will do this by gathering evidence—bank records, communications with the payee, proof of expected income—to show that you did not act with the intent to deceive. A financial mistake is not a crime, and we will not let the government treat it as one.
Defense Strategy: Lack of Criminal Intent
This is the central pillar of your defense. We will argue that you made an honest mistake or were the victim of circumstance, and that you never intended to defraud anyone.
- Honest Mathematical Error: You simply made a mistake balancing your checkbook or forgot about another transaction that had cleared. We can use your bank statements and your own testimony to show a history of responsible account management and argue this was an isolated, unintentional error.
- A Reasonable Expectation of Deposit: You wrote the check with the good-faith belief that a pending deposit, such as a paycheck or a transfer from another account, would clear in time to cover it. The failure of that deposit to arrive on time was unforeseen and outside of your control.
Defense Strategy: Rebutting the Statutory Presumption
The law allows the jury to presume you had fraudulent intent if you failed to pay the check within five days of the notice of dishonor. We can directly challenge this presumption.
- You Never Received Proper Notice: The notice may have been sent to an old address, the certified mail may have been mishandled, or the affidavit of service may be flawed. If you were never properly notified of the dishonored check, you cannot be held to the five-day payment deadline.
- Inability to Pay vs. Original Intent: Your failure to pay within the five-day window does not prove what your intent was when you wrote the check. We can argue that your failure to pay was due to a continuing, good-faith inability to pay (e.g., you were laid off the day after writing the check), not a fraudulent intent from the beginning.
Defense Strategy: The Check is Excluded by the Statute
The law explicitly says that it does not apply to certain types of checks. If your check falls into one of these categories, the criminal charge is improper.
- It Was a Post-dated Check: If you wrote a future date on the check, the law views it as a promise to pay in the future, not as a representation of current funds. A bounced post-dated check is a civil issue—a broken promise—not a crime under this statute.
- It Was for a “Past Consideration”: If the check was given to pay for an old debt (e.g., a personal loan from a friend from months ago), it is generally excluded from this criminal statute. This is a matter for civil collections, not criminal prosecution. (Note: Payroll checks are a major exception to this rule).
Defense Strategy: You Attempted to Make Good on the Debt
Evidence of your good faith after the check bounced can be a powerful tool to show the jury that you never had fraudulent intent.
- Partial Payments and Communication: We can show that you immediately contacted the person or business you wrote the check to, explained the situation, and tried to work out a payment plan. If you made any partial payments, this is strong evidence that you intended to honor your obligation. This conduct is inconsistent with that of a person intending to commit fraud.
Minnesota Dishonored Check FAQs
When you’re facing a criminal charge over a bounced check, you have a lot of questions. Here are clear answers to some of the most common ones.
Will I go to jail for a bad check?
It is possible, especially if you are charged with a felony for a high-value check. However, for most misdemeanor or gross misdemeanor cases, particularly for a first offense, a skilled attorney can often negotiate a resolution that involves paying restitution and avoids jail time entirely.
Is a bounced check always a crime in Minnesota?
No. A bounced check is only a crime if you wrote it with the intent that it would not be paid. If it was an honest mistake, an unexpected financial problem, or if it falls into one of the statutory exceptions (like a post-dated check), it is a civil matter, not a crime.
What if I pay the check in full after I’ve been charged?
Paying the check and any associated fees is a critical step and can significantly help your case. An attorney can often use your payment of restitution to negotiate with the prosecutor for a dismissal of the criminal charges, which protects your record. However, payment alone does not automatically make the charges disappear.
What is the five-day notice of dishonor?
This is a formal notice that the payee (the person or business you gave the check to) must send you by mail. It informs you that the check bounced and gives you five business days to pay it in full. If you fail to do so, the law allows a jury to presume you had fraudulent intent.
Do I need a lawyer for a misdemeanor bad check charge in Eagan?
Yes. Any criminal conviction, even a misdemeanor, creates a permanent criminal record. A conviction for a dishonored check is a crime of dishonesty that can impact your ability to get a job, a loan, or even open a bank account. You need a lawyer to protect your record, even in Dakota County court.
How does the “aggregation” of checks work?
If you write multiple bad checks within a six-month period, the prosecutor can add up the values of all those checks and charge you with one single crime at the higher total value. This can turn several small misdemeanors into a single, serious felony charge.
What does “past consideration” mean?
It means the check was written to pay for an old, pre-existing debt. For example, if you borrow $100 from a friend in January and write them a check for it in March, that check is for a “past consideration.” Bounced checks for past debts are generally not criminal under this statute.
What if I told the person the check might not be good when I gave it to them?
If you informed the recipient that you did not have sufficient funds at that moment, it can be a very strong defense. This shows a lack of deceptive intent. The recipient accepted the check knowing the risk, which makes it more like a promise to pay than a fraudulent transaction.
What’s the difference between this and theft by check?
They are very similar, and sometimes prosecutors charge both. Generally, Issuance of a Dishonored Check focuses on the intent at the moment of issuance. Theft by Check (under the main theft statute) focuses more on the act of obtaining property or services through the deception of a worthless check. An experienced attorney can explain the nuances of the specific charges you face.
Can a business be charged with this crime?
Yes. If a person acting on behalf of a corporation or business issues a bad check with fraudulent intent, the business entity itself can potentially face criminal liability, as can the individual who wrote the check.
What happens if I refuse to accept the certified mail notice?
Refusing to accept the certified letter from the post office is not a defense. The law specifically states that refusal to accept the notice does not prevent the prosecutor from using the five-day presumption against you.
Can my bank account information be given to the police?
Yes. The statute has a specific provision that allows a bank to release your account information, including statements and records of overdrafts, to law enforcement if they are investigating a dishonored check case against you.
Does this law apply to electronic payments or ACH transfers?
The statute specifically defines a “check” as a check, draft, order of withdrawal, or similar instrument. While a bounced electronic payment could potentially be charged under other fraud or theft statutes, this specific law (§ 609.535) is generally applied to traditional paper checks.
I closed the account years ago and forgot. Is that a defense?
It can be. While having no account creates a strong presumption of intent, we can fight it by presenting evidence that it was a genuine and honest mistake. We could show that you had multiple checkbooks and simply grabbed the wrong one in a hurry, which is evidence of negligence, not criminal intent.
What is the first thing I should do if I’m contacted about a bad check?
You should not ignore it. Contact the payee if possible to see if you can resolve it civilly. If you receive a notice from the police or a summons from the court, you should immediately contact a criminal defense attorney. Do not give any statements to the police without a lawyer present.
The Lasting Consequences of a Dishonored Check Conviction
A conviction for issuing a dishonored check is not something you can just put behind you. It is a crime of fraud, and that label will follow you for life, creating significant barriers to your financial stability and professional opportunities.
A Permanent Record of Fraud and Deceit
This conviction is a “crime of moral turpitude,” a legal term for an act of inherent dishonesty. It is one of the most damaging types of convictions to have on a background check. It tells potential employers, landlords, and lenders that you cannot be trusted in matters involving money.
Destroyed Financial Credibility
After a conviction for a crime like this, you will likely find it incredibly difficult to conduct normal financial business. Banks may be unwilling to open a checking account for you. It will be nearly impossible to get a personal loan, a car loan, or a mortgage. You will be flagged as a high financial risk, limiting your economic freedom for years to come.
Insurmountable Barriers to Employment
Many careers will be permanently closed to you. You will be unable to get any job that requires handling cash, working in accounting or finance, or holding any position of trust. Many professional licenses can be denied or revoked, and you will likely be ineligible for any job that requires a security clearance or being bonded.
Serious Immigration Consequences
For any non-citizen, a conviction for a crime involving fraud or dishonesty can have devastating immigration consequences. A felony conviction is almost certainly a deportable offense. Even a misdemeanor can be classified as a crime involving moral turpitude, which can prevent you from obtaining a green card, becoming a citizen, or re-entering the United States.
Why You Need a Determined Minnesota Defense Attorney
When you are facing a criminal charge that hinges entirely on your state of mind, you need a defense attorney who knows how to fight and win on this difficult terrain. The government’s case is often built on legal presumptions, not hard evidence, and a skilled lawyer can dismantle it.
Fighting the Government’s Presumptions About Your Intent
The prosecutor will likely rely heavily on the statutory presumption that you had fraudulent intent because you didn’t pay the check within five days of the notice. I know how to attack this presumption head-on. We will build a case with evidence of your good faith, your honest mistakes, or your unforeseen financial hardships to show a jury what was really happening, not what the prosecutor wants them to assume.
Negotiating with Prosecutors and Merchants for a Civil Resolution
In many dishonored check cases, the payee’s primary goal is simply to get their money back. I can often intervene early to negotiate directly with the merchant or the prosecutor. By arranging for full restitution and any associated fees, I can frequently persuade the prosecutor to dismiss the criminal charges entirely, protecting your record and your future. This is a civil solution to what should be a civil problem.
Navigating the Complexities and Exceptions in the Statute
The bad check law has specific rules and exceptions that can be used to your advantage. Does your case involve a post-dated check? Was it for a past debt? Was the notice of dishonor sent properly? I will analyze every detail of your case to see if a statutory defense applies. A technicality can sometimes be the key to getting your entire case thrown out of court.
A Strategy to Protect Your Financial Future
My ultimate goal is to prevent a criminal conviction that would follow you for the rest of your life. A bad check should not lead to a lifetime of financial hardship and professional barriers. We will fight for a complete dismissal, an acquittal at trial, or a negotiated resolution that keeps this charge of dishonesty off your permanent criminal record. Your financial future is too important to risk.