If I wrote a check on a closed account, what will happen to me?

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If I wrote a check on a closed account, what will happen to me?

I wrote a check on a closed account and deposited it into my current bank account. The check was returned stating that the account was closed. My tax refund came in through direct deposit and covered the costs of the check and any outstanding fees I had. Can I still be prosecuted, even though all the fees associated with the bad check were covered?

Asked on January 27, 2012 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could potentially still be prosecuted--when somone attempts to commit a criminal act, he or she can be prosecuted even if he or she was unsuccessful or if he or she paid restitution in some fashion or another; i.e., there  does not have to be an actual permanent loss to the victim of the crime for there to have been a crime. If a criminal act was committed, the wrongdoer can be prosectued even if, at the end of the day, the victim or target suffered no injury or loss.

The key issue will be your state of mind: if you knew or should have known that  the account was closed when you wrote a check on it, then you may be guilty of a criminal offense, since you would have acted with criminal intent.


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