C.G.S. § 53a-128 — Issuing a Bad Check

Plain-English Overview

In Connecticut, it’s a crime to issue or pass a check when you know there aren’t enough funds to cover it and the bank refuses payment. The statute also includes certain presumptions (like no account on file or failure to “make good” within 8 days after notice) that can make the State’s job easier.

What the State Must Prove (Elements)

To convict under § 53a-128, prosecutors must show that you either:

• Issued a check (as the drawer or on someone’s behalf) knowing there weren’t sufficient funds, intended or believed it would be refused, and it was refused; or
• Passed a check knowing the drawer didn’t have sufficient funds, intended or believed it would be refused, and it was refused.

Built-in Presumptions of “Knowledge”

• You had no account with the bank when the check was issued; or
• The bank refused the check within 30 days of issue for insufficient funds and you didn’t make it good within 8 days after certified-mail notice.
  (Post-dated checks are excluded from this presumption.)

Penalties (By Check Amount)

• Over $2,000: Class D felony
• $1,001–$2,000: Class A misdemeanor
• $501–$1,000: Class B misdemeanor
• $500 or less: Class C misdemeanor

How These Cases Happen in Real Life

• Retail or service checks that bounce after pickup or delivery.
• Account-closed checks (often trigger the statutory presumption).
• Payroll or contractor disputes where a criminal complaint is used as leverage.

In practice, some departments won’t pursue a criminal case unless certified-mail notice was sent and the maker fails to cure within 8 days; others may steer small amounts or partial-payment situations into civil paths instead of criminal court. Local procedures vary.

Collateral (Civil) Exposure You Should Know About

Even if criminal charges are dropped or never filed, a payee may still pursue civil remedies for dishonored checks (e.g., service charges and damages if proper notice is provided). It’s common to see both tracks—civil and criminal—discussed at the same time.

Accelerated Rehabilitation (AR) Program — A Common Path to Dismissal

For many first-time or low-risk clients, AR is the most efficient way to avoid a conviction and erase the case.

Key Points:

• Who applies: Your defense lawyer files the application; the judge decides. The prosecutor and any listed victim can be heard, but the final call is the court’s.
• Eligibility (big picture): Typically for people with little or no record and not charged with certain disqualifying serious offenses. Bad-check cases often qualify, especially when restitution is ready.
• What the court looks for:
  • Restitution paid promptly (face amount, fees).
  • Clean recent history and a responsible explanation (bank holds, timing issues, payroll delays, etc.).
  • A short plan to prevent it from happening again (e.g., overdraft alerts, separate account).
• Typical supervision length: Usually about 6–12 months; in unusual or aggravated cases it can be longer. Conditions can include restitution, fees, community service, and staying arrest-free.
• Outcome: Successful completion leads to dismissal and erasure of the charge.

Our AR Strategy for § 53a-128 Cases:

1. Move fast on restitution and proof of funds.
2. Mitigation packet: bank records, emails, deposit verifications, and a concise statement showing lack of criminal intent.
3. Victim relations: confirm the amount owed and show proof of payment or a written agreement.
4. Hearing prep: we present a focused, professional argument tailored to this statute.

Common Defenses We Use

• No intent / no knowledge: You reasonably believed funds would be available (deposit timing, bank hold, bank error). The State must prove intent/knowledge; presumptions can be rebutted.
• Cured after notice / improper notice: You paid within the 8-day window or the “notice” didn’t meet statutory requirements.
• Post-dated check: Post-dated instruments don’t trigger the presumption.
• Civil, not criminal: Facts fit a billing dispute or partial-payment plan that local policy treats as civil only.
• Amount / classification disputes: Challenging the face amount to reduce the charge level.

What to Do if You’re Contacted by Police About a Bad Check

1. Do not admit you “knew” there weren’t funds.
2. Preserve documents: bank records, deposit slips, holds, emails, texts, invoices, delivery proofs.
3. Check any notice: Did you receive certified mail? When? Did you tender payment within 8 days?
4. Call counsel early: We often resolve these pre-charge or negotiate civil cure to avoid a criminal filing—or we position you for AR.

Related Connecticut Offenses

• Payment card / credit-debit card crimes (definition & scheme): § 53a-128a
• Illegal use of a payment card: § 53a-128d

FAQsIs Writing a Bad Check Always a Crime In Connecticut?

Not automatically. The statute targets knowing/intentional conduct and requires an actual refusal by the bank. Smaller matters—especially where proper notice wasn’t given or the maker cured quickly—are often handled civilly, depending on local practice.

Can AR Get My Bad-Check Case Dismissed?

Often, yes—if you qualify and the court agrees. Prompt restitution, a strong mitigation package, and a clean recent history greatly improve the odds. On completion, the case is dismissed and erased.

Who Decides on AR—Judge or Prosecutor?

Your defense lawyer makes the application; the judge decides after hearing from the prosecutor and any victim.

How Long Will AR Last in a Bad-Check Case?

Most clients see about 6–12 months of supervision with tailored conditions. In aggravated cases it can be longer.

What if I Already Paid the Money Back?

That helps. Bring proof of payment; it supports an AR grant or may convince police or the prosecutor to resolve it without a criminal case.

What’s the Difference Between AR and a Civil Payment Plan?

AR resolves the criminal charge and ends with erasure if completed. A civil plan only addresses money owed; it does not dispose of a criminal case unless folded into an AR resolution.

Call to Action

Charged—or worried you will be—under § 53a-128? I defend these cases statewide and often resolve them before they turn into arrests. Reach out now through my main website: Allan F. Friedman Criminal Lawyer – Homepage for a confidential review and a plan to protect your record.

About Allan F. Friedman

Allan F. Friedman is a Connecticut criminal defense lawyer with 30+ years of experience helping clients navigate financial-crime allegations with discretion and strategic precision. Read Allan’s bio.

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