In Texas, a person commits a crime if they write a check in exchange for something, knowing they do not have enough funds to pay for that thing at the time they wrote it.
While prosecuting you, prosecutors will have the benefit of automatically showing you knew there was not enough funds if you:
1. fail to pay the hot check within 10 days after you received the proper and mandatory notification under law stating that you had insufficient funds, and
2. providing that the bank let you know within 30 days after you gave the hot check to another in exchange for something.
If a check is under $1,500, is over two years old, and an arrest warrant was not issued during that two year period, the case may be defeated on the grounds that the statute of limitations has run. If the check is more that $1,500, is over five years old, and an arrest warrant was not issued during that five year period, the case may also be defeated on the grounds of statute of limitations. Hot check cases that are over $20 are punishable by jail time, fines, and court costs.
It is important that a competent attorney be retained that will force the prosecution to prove that the person that wrote the check knew that there were insufficient funds and that they did actually receive proper notification of the bad check. With the correct legal challenges, hot check cases may be thrown out of court or dismissed.