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WHAT IS BAD CHECKS (WORTHLESS CHECKS) IN NEVADA?
Writing a bad check under NRS 205.130 occurs when a person issues a check knowing at the time of issuance that there are insufficient funds in the account to cover the check, with the intent to defraud the recipient. The severity of the charge depends on the amount of the check. Small amounts are misdemeanors; checks over $650 are felonies. Nevada law presumes fraudulent intent if the check is not made good within five days of notice.
WHAT THE PROSECUTION MUST PROVE
To convict you of Bad Checks (Worthless Checks) in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant issued a check to the victim
The defendant knew at the time of issuance that there were insufficient funds
The defendant intended to defraud the recipient
The check was not honored by the bank
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR BAD CHECKS (WORTHLESS CHECKS) IN NEVADA
Under $650 (Gross Misdemeanor)
Up to 364 days in jail and fines up to $2,000
$650 to $3,500 (Category D Felony)
1 to 4 years in prison and fines up to $5,000
Over $3,500 (Category C Felony)
1 to 5 years in prison and fines up to $10,000
Restitution
Mandatory restitution of the check amount plus bank fees
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending bad checks (worthless checks) charges
The intent to defraud is the critical element. Many bad check cases arise from genuine financial hardship, not fraud. If my client honestly believed funds would be available when the check cleared, this negates fraudulent intent.
Nevada law creates a rebuttable presumption of fraudulent intent if the check is not made good within five days of written notice. Making the check good quickly — before charges are filed — can prevent prosecution.
These cases often resolve through civil restitution agreements. If my client pays the full amount owed plus fees, prosecutors frequently decline to pursue criminal charges.
Multiple bad checks to the same victim can be aggregated to reach higher felony thresholds. I always review the full scope of alleged conduct to understand the total exposure.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO BAD CHECKS (WORTHLESS CHECKS)
Every case is unique, but these are the defenses most commonly raised in bad checks (worthless checks) cases in Nevada:
Lack of intent to defraud — genuine belief funds were available
The check was post-dated and the recipient knew it
The check was a stop-payment, not a bad check
The debt was disputed and the check was not a fraudulent instrument
The defendant made the check good within the statutory period