What You Need to Know About the Increase in Traffic Fatalities in South Carolina

In response to a recent report issued by South Carolina Highway Patrol, there has been an increase in traffic fatalities in South Carolina. South Carolina has seen a whopping 25% increase in deaths caused by traffic automobile accidents.

According to the National Safety Council, traffic deaths in the U.S. from 2014 to 2016 increased by 18 percent. However, the state of South Carolina saw a 25 percent increase. In North Carolina, the number jumped to 26 percent during the same two-year time frame.

More traffic, increased distractions, and poor road conditions lead to higher traffic fatalities across the state of South Carolina. Remember, it is easy to call a death in a traffic accident a “fatality”-which is a generic term. But imagine if it were your loved one, or close friend, who died tragically in a preventable traffic accident. Deaths caused by auto wrecks are an unnecessary tragedy. All of us have to remember that it’s not just a “fatality”; in fact, it’s a the loss of a human being-the loss of a father, mother, son or daughter, brother or sister – in a preventable situation. As an auto accident lawyer, I witness how car wrecks affect the lives of real people in our community. And it’s a terrible, terrible preventable tragedy.

What are some of the reasons for these high statistics? The program Target Zero discusses the state of South Carolina’s goal of eliminating traffic related deaths to Zero. One of these factors is the increase in traffic due to tourism. Whether toting our gorgeous parks or our fabulous food, our state, especially the Upstate, has received a lot of positive media attention in the past couple of years. This has resulted in an increase in visitors.

Another contributing factor to the increased traffic could be attributed to people relocating here. In 2015, there was a 2.5 percent jump in the number of registered vehicles and a 2 percent rise in the number of driver’s licenses issued in South Carolina.

With more traffic on the roadways of course there will be more traffic-related accidents. Nevertheless, there are still other reasons for wrecks. Distracted driving, drowsy driving, and drunk driving are still factors in fatality related auto accidents.

So, please be safe out there and be a defensive driver. And follow this simple advice: Slow down. Give plenty of distance between your car and other cars. Get off the cell phone or smart phone. Keep your eyes on the road. Keep two hands on the wheel. Never drink or drive or drive while tired. Take safe driving seriously.

Posted in Law

DUI Breathalyzer Accuracy

Anyone that has been stopped and arrested for a DUI charge is likely to find the entire process to be very difficult and stressful. Plus, with the reported increase in accidents involving drivers under the influence of alcohol or illegal substance, the authorities are making every effort to prosecute all offenders. In order to prove a person is driving under the influence, the law enforcement official that made the stop has a choice of asking the driver to take a roadside sobriety test or use a breathalyzer. A first course of action may be the sobriety test which involves simple tests like walking in a straight line, lifting one foot off the ground, touch the tip of your nose, etc.

But, these tests aren’t entirely reliable and the most common option used is the breathalyzer. A field breathalyzer is quick to use and basically involves breathing air into a device that is analyzed to determine whether of not the driver has consumed too much alcohol to be on the road.

While the breath analysis is the favored method to test the concentration of blood alcohol in a roadside stop, they are nowhere near as reliable or accurate as blood tests. But, for the case of DUI investigations, it is seen as an acceptable option, provided it is administered in the correct fashion.

The breathalyzer tests aren’t complicated and a useful piece of portable kit to analyze a sample, but the result generated by this device may not be as reliable as the authorities would like you to believe. In fact, it has been reported that neither the spectroscopic BAC (Blood Alcohol Content) test nor the breathalyzer test is 100% trustworthy. This mostly relates to alcohol not affecting everyone the same, with many people able to consume quite a lot and still not be drunk.

Even though the test can give a positive indication that the BAC reading is high, this doesn’t actually confirm the driver was under the influence of alcohol while in control of their vehicle.

Scientific studies have taken place in relation to the accuracy of the breath alcohol tests, and their conclusion was that they are inherently unreliable. These studies have indicated that the breath readings can be up to 15% outside of the true blood alcohol levels.

So, in the event of being stopped for a DUI charge, you don’t really want the result from a breathalyzer to be the defining factor that determines the sentence issued. The best course of action is to get in touch with a skilled and reputable DUI attorney who is able to use their knowledge of the law to help fight this offense.

A DUI charge is a serious offense that has the potential to lead to a variety of legal consequences, which can include a period of prison time, attending alcohol or drug awareness classes, taking part in community service, having to pay a high fine, or the loss of your driver’s license. There are situations where the sentence given is more severe, such as having a minor on-board at the time or not being a first offense.

In the approach to defend the DUI charge that involves a breath analysis, any qualified criminal defense lawyer will be aware that there could be several operational and theoretical issues. There are a variety of factors that can lead to the results of blood-alcohol analysis being regarded as unreliable, and attempt to show that this type of data isn’t enough to prosecute. By using a lawyer it is possible to get the get outcome with a case either closed or a sentence kept to a minimum.

Posted in Law

Can a Habitual Traffic Offender Seal Their Public Driving Records?

Becoming a habitual traffic violator doesn’t happen overnight. But it also doesn’t happen only to bad drivers. Those who drive often for work, whether all day commuting or long-distance travel, are often faced with time crunches, leading them to drive a little faster than they would if they were not limited by time restrictions and deadlines. Realtors, contractors, salesmen, and more are all common victims of speeding and seatbelt tickets because they are often traveling from one obligation to another.

So whether a product of vocational lack of time, or simply an unmindful driver, 10 traffic offenses in a period of 10 years, with 1 being a major violation (i.e. DUI, reckless driving, driving while suspended, etc.), will eventually suspend you of your driving privileges and mark you as an official habitual traffic violator for at least 5 years.

Sounds harsh, doesn’t it?

But it’s not so bad if you live in a state that allows record sealing and expungement. If you qualify to have your driving records sealed from the public, it can help you get your license back, that job you’ve applied for, that promotion you’ve been working toward, or obtain a professional license that was inaccessible before.

Qualifications vary from state to state, and not all states even offer the option, but the most influential factors are time and severity of offenses. Talk to a criminal record expungement lawyer to see if you are eligible for record sealing in your state. In the meantime, continue reading to learn more about habitual traffic violator driving records and personal privacy.

While Awaiting Eligibility

After you are convicted as a habitual traffic violator, you must remain one for at least 5 years; however, you can petition to get a probationary drivers’ license after only 3 years. In order to qualify for a probationary license, one must have:

  1. Never previously been granted a probationary license as a habitual traffic offender;
  2. Never been guilty of more than 3 unrelated major traffic offenses in one 10-year period;
  3. Never been guilty of a major traffic offense that resulted in bodily harm or death of another;
  4. Never been guilty of violating the habitual traffic offender probation guidelines.

In some cases where the offender is a person who operated a vehicle for the purpose of business, such as a traveling salesmen or delivery person, the waiting period may not apply since their poor driving record may be partly a result of their frequent commuting. It is important to retain the services of an experienced criminal defense attorney to ensure you are receiving due justice in traffic court. 

Posted in Law

Received a Copyright Infringement Notice? Now What?

Are you one of those who just received a TCYK LLC letter? In order for such a letter of claim not to become a TCYK LLC lawsuit eventually, it is a must to know some what-to-do guidelines when receiving notices for copyright infringement. So, read on; this article might help.

Let’s start with some FAQs:

Who sends a letter of claim?

Only 3 sources are authorized to send you a letter of demand for copyright infringement, and these are:

  • An exclusive licensee or someone who has an exclusive copyright license of a certain creative material
  • The owner of the copyright
  • The solicitor/s and anti-piracy entities who have been hired by copyright owners to chase infringers

In some territories and selected cases, the ISP may also have the right to send a copyright infringement notice to warn subscribers of their illegal downloading and/or file-sharing activities.

What to do next?

You need to respond to the letter of claim within the period specified on the letter. In England, it is a general rule to reply to a letter of demand or copyright infringement notice within 14 days after receiving the letter, whether you are guilty of the allegation or you are not directly responsible for the infringement. This is why proper understanding of the letter’s content is a must before even thinking of responding through email or phone call. Take your time knowing the details of the allegation, and consider seeking professional legal assistance if there are things you want to be clarified. Aside from asking legal advice from a solicitor, you may also get in touch with the letter sender directly through the hotline provided on the letter. This way you can easily get more information regarding the allegation against you as well as prevent any more serious consequences like litigation. Responding to a letter of claim immediately also lets you clear your name if ever you did not really commit the infringement.

So what should you do to stop receiving another copyright infringement notice?

  1. Stop downloading copyrighted materials. Yes, it is as simple as that. Most things you see online are owned by someone, and it is better off not to take something that’s not yours, unless you have already acquired permission from the rightful owner. However, there are also copyrighted materials that are made available by the copyright holders themselves through a Creative Commons License, which means you are actually free to make use of certain music and other creative materials online. Although there is this exception, it is still important to note that most free films you see online should not be really free and are still owned by people or entities, therefore you are most likely required to pay for downloading and/or sharing them.
  2. Check your internet connection usage. It is also important to know everyone who has access to your Wi-Fi connection to easily track the person/s responsible for any infringement, especially if you are very much aware that you haven’t really tried downloading or sharing copyrighted materials through your PC and other devices at home. You can check who accessing your wireless router by looking into its logs of connections, which most routers do have. You may also acquire assistance from your ISP in order to make sure that only you and your family or anyone in your household are the only ones accessing your internet connection, therefore not putting you at risk of any illegal downloading and other copyright infringement allegations.

These are just some of the basic precautionary measures you can do to stay away from letting a letter of claim turn into a TCYK LLC lawsuit.

Posted in Law

DUI Record Search and Why You Should Run One

Getting a DUI is a big deal for someone. The repercussions of getting a DUI can last years. From getting your license revoked to losing your job, so yes getting a DUI is a serious offense.

But what about the other end of getting into a car with someone that has gotten a DUI in the past and not knowing the risk you could be getting yourself into. Keep reading to find out why you should run a DUI record search and what information you could find.

It will be in your best interest to know who you are letting getting behind the wheel while you’re the passenger.

New Dates or love interest

With advancements in technology there are more apps then ever designed to find love or dating prospects. Before you jump in that car for a night out be sure to run a quick public record search that could uncover past driving records such as a DUI.

Carpooling to work

Carpooling is a great way to share the cost of getting to and from work by sharing a car ride with others.

With that said before you zoom down the highway with Bob or Margarete be sure to run a DUI record search on the individuals that will be driving.

Your Child’s friends Parents.

Believe it or not this can be a much-overlooked search area but one of the most important ones.

Your children’s friend’s parents may take your child to parties, play dates for pizza or anywhere else. Be sure whoever is driving your children around town has a clean record.

What information can you find in a DUI record search

After running a search, you could find all kinds of information from a public record search.

There will be a criminal record section, asset information, related person searches, Dui record data, and much more that users can search and find on their targeted individual.

Keep in mind online services are usually anonymous so your search subject will not know.

In closing

It is worth the small investment in time and money to run a DUI record search on someone that will be driving your or any of your loved ones around town. All you need is the State of the person you’re searching and first and last name.

If your search subject has public data on them, you should be able to see what information is on them within your private report.

Posted in Law

Things to Know About Domestic Violence Laws in the US

In every household there comes a time that an intense verbal argument occurs for a number of reasons: jealousy, financial problems, sibling rivalry, etc. However, sometimes people may physically assault a family member because they cannot control their anger, want to assert control or may have been verbally provoked. In so doing, the aggressor has committed Domestic Violence.

Whenever such serious matters occur, you may think of seeking outside help either by calling the police or by consulting an attorney. It is preferable to discuss the issue with an experienced legal professional first, since you may have trouble handling the legal ramifications that may ensue following the crime’s disclosure.

The aim of this article is to provide an overview of the most important legal aspects of Domestic Abuse, in a simplified and accessible way and to provide a starting point for more specialized study.

1. What is Domestic Violence?

Any person who physically abused a family or household member has committed the crime of Domestic Violence. Domestic assault is a distinctive and more serious case than Assault and Battery -which involves strangers- and is treated accordingly.

2. Domestic assault can be difficult to prove.

The easiest way to identify an abused victim is by looking for signs of assault on the body (scratches, bruises, etc.). In the absence of such evidence, eye witness’s testimonies are valuable, but are not always available. What adds complexity when evidence is inconclusive, is that it can be hard to prove the crime or ascertain who the instigator was (both parties can claim to have been abused or acting in self-defense and the aggressor could deny the charge).

3. The severity of the assault, the victim and the aggressor’s medical history and potential addictions are taken into account for the sentence.

Simply put, an aggressor who slapped his spouse will be punished more leniently, than one who punched and kicked her. If a child was abused the law is more severe. A person with addictions (a drug-user or an alcoholic), or mental disorders may also be required to undertake therapy.

4. If domestic abuse is reported, it can severely disrupt family relations.

Domestic assault is a serious criminal charge, which means that if the authorities find out about the crime, they are obligated to take legal action, whether the victim intents to or not. The state laws of Virginia dictate that the authorities can issue a no-contact (protective) order, effectively prohibiting any form of communication between the aggressor, the victim and the rest of the family.

5. First time offenders can have their case dismissed or may be judged more leniently.

The guilty party can have their sentence dismissed, if they have never committed a crime before. It is also possible that the state offers a plea bargain to the accused. If the abuser admits guilt before the case goes to court, the sentence can be more lenient.

6. The alleged abuser’s and the accuser’s personality and habits play an important role in court.

A person with a toxic and abusive personality, will have a harder time convincing the court about his innocence. On the other hand, the accuser may have an ulterior motive or may be a habitual liar. All of the above aspects come into play when the case is tried.

7. It’s advisable for both parties to avoid contact after the crime has been reported.

Whether you are the accuser or the perpetrator it is preferable to refrain from communicating between each other, as any form of contact could have a detrimental effect to your case, especially if a protective order is in effect.

Conclusion

Domestic Violence can be a complex and challenging crime to handle. Whether you decide to press charges against an abuser, or think you have been wrongfully accused, you should always consult with an experienced criminal law attorney.

Posted in Law

Common Bail Bond Questions and Answers

There is a lot to know about bail and bail bonds. Many people are very unfamiliar with the difference between the two, and the details of the industry and the services they offer. Fortunately, you have resources like these to help you understand what bail bonds are, what a bail bondsman does, and how to obtain bail in your time of need. In this article, we will cover plenty of frequently asked questions regarding the bail bonds industry, arrest warrants, getting out of jail, and more. Continue reading to learn about all of these topics, and more, when it comes to the indemnity industry.

What is Bail? What are Bail Bonds?

Bail bonds are formal documents that allow a release from jail for a person being detained on suspected charges or crimes. Bail is the amount of money or surety set by the courts. These amounts differ for everyone; depending on the crime, a person’s criminal history, and more. Once bail is set, a bail bond can be obtained so that a person can be temporarily released from jail to await their following court hearing at home.

What is a Bail Bondsman? How Much is a Bail Bond?

A bail bondsman, or bail agent, is the individual who operates a service that provides bail bonds for people who need to turn themselves into authorities, or need a release from jail. They operate by lending, or covering, the bail amount for those who cannot afford the entire fee upfront, in exchange for a non-refundable fee. Bail can be set as low as a few hundred dollars for minor infractions, and some in the high-thousands.

To get out of jail, a person has the option to pay this money as a deposit to the court, and then receives this money back when they show for their scheduled court hearing. The issue is that not everyone has this type of cash on hand, and cannot afford to pay the courts these amounts to get out of jail. This is where a bail bond agency comes in handy. They will pay the entire bail amount for you, in exchange for a fee.

These fees are regulated by the state, so bail bondsmen can only charge between 10-15% of the person’s total bail amount. So if a person’s bail is $5,000, they would pay a bail agency $500-$750 for bail. They do not get this money back. They are also obligated to sign a contractual agreement promising their return to court. If a defendant obtains a bail bond, then skips their court date, the bail bondsman does not get that money back. This is when they come for you.

Are Bail Bondsmen Bounty Hunters?

Bounty hunting is not a real vocation, and bail bondsmen are nothing of the sort. If a person skips bail, the bail bondsmen will simply track them down with the information they have, and give police a heads up on the whereabouts of a fugitive. They do this in order to get their bond money back. They will send police to your home, office, work, daycare, gym, friend’s house, and any other place they think you may be. Before they come looking for the fugitive, they will contact the person who signed for the bail contract, and pursue recompense from them. Since most individuals do not wish for their loved ones to get stuck paying thousands of dollars, most people choose to show up for court. An arrest warrant is issued for anyone who skips a court date, so police can arrest them anywhere at any time; such as routine traffic stops, the BMV, the post office, border crossing, and more.

Posted in Law

7 Common Immigration Mistakes To Be Avoided

While applying for immigration benefits, there are some common mistakes people make, but can be avoided. These mistakes can sometimes cause serious trouble at the end of the road, like not being able to reunite with their family, loss of both the application filing fee and the immigration fee, being deported and inability to re-enter the US. So, caution must be taken to avoid these simple mistakes listed below.

1. Providing Incorrect information:

When applying for immigration benefits, it is necessary to provide all the right information. This is right from the point where the immigration forms are filed. Fraudulent information or misrepresenting any facts for obtaining the immigration benefits must be avoided.

2. Late Responses to USCIS queries:

If the US Citizenship and Immigration Services needs any additional information for processing any immigration application, it sends a Request for Evidence (RFE) to the applicant. This request has to be replied with sufficient documentation within the stipulated deadline. Ignoring or missing the deadline for the RFE can lead to denial of the application.

3. Immigration Interviews and Court Hearings:

Attending the interviews set up by the USCIS and the court hearings is very important in the process of granting an immigration. Ignoring these interviews and court hearings can also lead to the application being rejected.

4. Filing application without the fee:

USCIS forms usually have a processing fee. Fee waiver is also available for most forms. Those who cannot afford to pay the fees, can send the application along with a request for fee waiver. USCIS does not process any application which does not have the fee or the proper fee waiver request.

5. Send the application to the wrong office:

The instruction form along with the application should be read carefully. The address to which the application form should be sent to is given clearly in the instruction form. The application must be sent to the correct address to avoid delay where the application is either returned to the sender or sometimes forwarded to the right address.

6. Not everyone who applies is successful:

Some of the applicants, even though they do not meet the criteria for immigration benefits, simply apply because their friends or relatives have applied and have obtained the benefits. Every applicant is evaluated and not everyone who applies is eligible for the benefit. Reading the instruction forms thoroughly clarifies the eligibility criteria and provides newer options available.

7. Eligibility:

Applying for an immigration benefit for which they are not eligible is a very common mistake. Reading the Instruction Form before applying and checking for an individual’s eligibility can be done before applying.

Posted in Law

Which Country Is Better for a Permanent Residency Visa – Australia Vs Canada

Both Australia and Canada are beautiful countries; both have high living standards and quality education to offer. Both have common elements including British heritage among other things. Both these countries are popular among the immigrants who are thinking to migrate. People often approach us looking for Visa Immigration Services but most of them are always confused between Australia and Canada. So, here are some comparisons made out.

Australia the smallest continent in the world but is the largest island with warm weather, typical climates are temperate, subtropical or Mediterranean. Canada has mostly the continental type of climate it’s very cold here, during winters. The northern part of Canada mostly covered with snow for around 6 months. When comes to unemployment, Canada has the higher unemployment rate which is 7.1% whereas Australia has an unemployment rate of 6.0% also immigration to Canada is easier and less stringent. The cost of living including housing, rent, groceries are a little high in Australia than in Canada. Healthcare system is slightly better in Australia. People of Canada are friendlier towards the immigrants than in Australia. It would be bad and judgemental if it’s said Australia is a racist country which is not anymore, even though few cases of racism are found but then those don’t make the headlines. Canada is ethnically diverse and multicultural nation which is a product of large scale immigration from many parts of the world.

For permanent residency, both countries follow a point based system, the processing is around 3-4 months in Australia where as in Canada it’s around 5-6 months.

Permanent Residency in Canada

To become a permanent resident, a foreign national must make an application to IRCC (Immigration, Refugees and Citizens of Canada). There are various ways in which one can the fastest being The Express entry system. The express entry is considered the fastest in Canada it has 2 stages first, apply for PR invitation and get selected from a pool of candidates based on total point score (based on age, language, work experience, studies etc.). Secondly, on receiving an invitation, the visa application form has to be to the immigration office. Then it is processed by the IRCC within 6 months from the receipt of application. The PR in Canada sub categorised as federal PR and PNP (Provincial nominee program), the former is applicable all over the country. PR expires after every 5 years and has to be renewed after 5 years. The benefits being a permanent resident holds same rights as Canadian citizens, they also may obtain other social as well as Canadian pension plan benefits.

Permanent Residency in Australia

The processing time is around 3-4 months for key permanent residency visas. There are the skilled independent visas and the skilled nominated visas. To apply for PR one needs to follow the point based immigration system firstly there has to be an online submission of an application that is EOI (Expression of interest) in Skill select online system which is an online form which asks a series of questions about your skills depending upon the visa subclass you select. The score is calculated based on education, skills, experience etc. And if you are selected you will get the ITA for the visa.

Also, there’s another factor that affects your visa which is the rules and regulations, considering the immigration rules and policies of both the countries Canada has easier and flexible immigration rules.

Posted in Law

Estafa Vs B.P.22 – What Is the Difference?

We’re pretty sure there’s a point in time that you became party to a transaction, either as payee or payer. Of course as payee, receiving cash is much preferred as you are sure that your payment was given to you in full sans any further action needed from your end. Now as payer, issuing a check is so much more convenient, especially for substantial transactions, as you would not have to worry about bringing cash and making sure that all your expenses are accounted and debited for, up to the last centavo.

It’s great if all transactions went smoothly without any hitch. However, with both parties making and receiving payment all in good faith. But what if you were conned by someone you had the mistake of trusting? Or what if you issued a check as a show of good faith to close out on a deal but at the time of issuance, the account has insufficient funds and you made a mental note to replenish the account as soon as you got paid. Alas, you then notice that your check bounced.

The above instances had surged over the years and has caused an unfortunate chain reaction which prompted the filing of either or both the following cases: Estafa and Violation of Batas Pambasa (BP) 22 or the Bouncing Checks Law.

Estafa Through Issuance of Unfunded Checks
The crime of Estafa is punished under the Revised Penal Code. One can be held guilty for Estafa by means of issuing a bouncing check with the use of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
“By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. (Article 315(2)(d) of the Revised Penal Code as amended by R.A. 4885)”

How can a person be held guilty for Estafa?

Under the RPC, the following elements are necessary to hold a person guilty of Estafa:

  1. Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued
  2. Insufficiency of funds to cover the check, and
  3. Damage to the payee thereof.

The most important element here is the damage caused. Absent any of the following elements, a person cannot be held liable for Estafa.

Case in point:

Andres owns and operates a trading good business and bought merchandise from Bonifacio and issued an unfunded check in consideration of the goods received.

In this scenario, Andres can be held liable for Estafa because he issued a check knowing it to be without sufficient funds to pay the items he bought from Bonifacio. The issuance of the bounced check here was with fraudulent intent.

Bouncing Checks Law (BP 22)
Unlike Estafa which has its basis under the RPC, BP 22 is enacted through a special law. A person can be charged for violation of BP 22 when he commits the following acts:

  1. Making or drawing and issuing any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment;
  2. Having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank.

How can a person be held guilty for Violation of BP 22?

Violation of BP 22 can be filed against any person when the following are present:

  1. Making, drawing and issuance of any check to apply for account or for value;
  2. Knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and
  3. Subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.

Same with Estafa, the presence of all these requirements is important. Otherwise, the charge of BP 22 will not attach. Note that knowledge of insufficiency of funds is presumed when it is proved that the issuer received a notice of dishonor and that within 5 days from receipt thereof, he failed to pay the amount of the check or make arrangement for its payment. Additionally, in BP 22, good faith is immaterial. Meaning, the mere issuance of an unfunded check already consummates the crime.

Using the same example above, Andres can also be charged for Violation of BP 22, other than Estafa, because BP 22 cases also cover issuances of bouncing checks for value received.

Where does the disparity lie?

It is Estafa when, among others, you issue an unfunded check with fraudulent intent in consideration of something of value you received. Here intent is material and good faith may be used as a defense.

It is a case for Violation of BP 22 when you issue an unfunded check whether or not it is for an obligation you contracted prior to the issuance of the check or not. Simply put, you are liable for BP 22 whether you issue a check for a present or a past obligation.

Posted in Law