Theft by Check

Theft by check, or what is commonly referred to as worthless check or hot check cases, are one of the most widespread cases filed against individuals. Most counties have entire departments dedicated to the prosecution of hot check cases yet few people realize the implications of a bounced check on their lives.

If you write a check without sufficient funds you can be arrested and charged with a criminal offense. Depending on the amount of the check you may even face jail or prison time in addition to heavy fines and court costs.

How Theft by Check Cases are Filed

When a merchant is written a check that is not covered by sufficient funds, that merchant may contact the appropriate prosecuting authority, typically the District or County Attorneys Office. The worthless check department may attempt to contact you in an effort to collect the check amount plus any additional fines or fees.

If the check is not paid within the required time frame, the prosecutors office will file criminal charges against you and have a warrant issued for your arrest. Once arrested you will have to post a bond or remain incarcerated until completion of your case. You will also have numerous dates that you must attend.

Defenses to Theft by Check

The State must prove that you wrote the check or gave someone permission to write the check. Often times you may get notice about a hot check that you knew nothing about. For instance if your checkbook was stolen or someone took the check without permission. The Gilbert G. Garcia Law Firm has experience at fighting theft by check cases. By hiring an experienced attorney the charges could be dismissed if it is proven that you did not write the check to the merchant.

Even if you did write the check, Gilbert G. Garcia can work with the prosecutor to get help your case by ensuring that the checks are paid in full as well as any applicable fees.


Gilbert G. Garcia, has practiced Criminal Law since 1978 and has been Board Certified in Criminal Law since 1989. The Gilbert G. Garcia Law Firm is the logical choice to represent you in your criminal case, providing the quality legal services you deserve in your most important matters.

Free initial consultations and reasonable fees.  Personal payments plans available and most major credit cards accepted.  Many issues are able to be handled via e-mail, phone calls and fax and after hours and weekend appointments are available upon request to meet the needs of each client.

Conveniently located on the Montgomery County Courthouse square since 1983.

For more information  Contact Gilbert Garcia today at 936-756-3333.

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