Completing Credit Card Consent Montgomery Maryland Law 8-208

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Completing Credit Card Consent Without Consent Defense Montgomery – Maryland Lawyers

There are many different penalties for Completing Credit Card Consent Without Consent in Montgomery, Maryland.

If you have been charged with Completing Credit Card Consent Without Consent in Montgomery Maryland, contact our firm immediately for help.

Completing Credit Card Consent Without Consent in Montgomery Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS- COMPLETING CREDIT CARD WITHOUT CONSENT STATUTE:

Md. CRIMINAL LAW Code Ann. § 8-208. Completing credit card without consent; possessing contrivance to reproduce credit card without consent

(a) “Incomplete credit card” defined. — In this section, “incomplete credit card” means a credit card that lacks any stamped, embossed, imprinted, or written matter, other than the signature of the cardholder, that an issuer requires to appear on a credit card before a cardholder can use the credit card.

(b) Prohibited. —

(1) Without the consent of the issuer, a person other than the cardholder may not possess an incomplete credit card with the intent to complete it.

(2) A person may not possess, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce an instrument purporting to be a credit card of an issuer that has not consented to the preparation of the credit card.

(c) Penalty. — A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $ 1,000 or both.

MONTGOMERY MARYLAND LAWYERS- COMPLETING CREDIT CARD WITHOUT CONSENT:

Md. Criminal Law Code Ann. § 8-208

Description

Penalties

Completing credit card without consent; possessing contrivance to reproduce credit card without consent (a) “Incomplete credit card” defined. — In this section, “incomplete credit card” means a credit card that lacks any stamped, embossed, imprinted, or written matter, other than the signature of the cardholder, that an issuer requires to appear on a credit card before a cardholder can use the credit card.(b) Prohibited. –(1) Without the consent of the issuer, a person other than the cardholder may not possess an incomplete credit card with the intent to complete it.

(2) A person may not possess, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce an instrument purporting to be a credit card of an issuer that has not consented to the preparation of the credit card.

 

Shall be guilty of a felony and be subject to imprisonment up to 15 years or a fine up to $ 1,000 or both

Completing Credit Card Consent Without Consent in Montgomery, Maryland.
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Credit Card Fraud Montgomery Maryland Law 8-203 Issuance

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Issuance Of Credit Card By Fraud In Defense Montgomery – Maryland Lawyers

There are many different penalties for Issuance Of Credit Card By Fraud in Montgomery, Maryland.

If you have been charged with Issuance Of Credit Card By Fraud in Montgomery Maryland, contact our firm immediately for help.

Issuance Of Credit Card By Fraud in Montgomery, Maryland.

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MONTGOMERY MARYLAND LAWYERS – FRAUD IN PROCURING ISSUANCE OF CREDIT CARD – STATUTE:

Md. CRIMINAL LAW Code Ann. § 8-203

Fraud in procuring issuance of credit card

(a) Prohibited. — A person may not make or cause to be made, directly or indirectly, a false statement in writing about the identity of the person or of another to procure the issuance of a credit card:

(1) knowing the statement to be false; and

(2) with the intent that the statement be relied on.

(b) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 500 or both.

MONTGOMERY MARYLAND LAWYERS – FRAUD IN PROCURING ISSUANCE OF CREDIT CARD:

Md. CRIMINAL LAW Code Ann. § 8-203 Fraud in procuring issuance of credit card

Description

Penalty

§ 8-203(a) and (b) Prohibited and Penalty A person may not make or cause to be made, directly or indirectly, a false statement in writing about the identity of the person or of another to procure the issuance of a credit card:

(1) knowing the statement to be false; and

(2) with the intent that the statement be relied on

A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 500 or both
Issuance Of Credit Card By Fraud in Montgomery, Maryland.

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Receiving Property Stolen Credit Card Montgomery Maryland Law 8-209

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Receiving Property By Stolen, Counterfeit Or Misrepresented Credit Card Defense Montgomery – Maryland Lawyers

There are many different penalties for Receiving Property By Stolen, Counterfeit Or Misrepresented Credit Card in Montgomery Maryland.

If you have been charged with Receiving Property By Stolen, Counterfeit Or Misrepresented Credit Card in Montgomery Maryland, contact our firm immediately for help.

Receiving Property By Stolen, Counterfeit Or Misrepresented Credit Card in Montgomery, Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS- RECEIVING PROPERTY BY STOLEN, COUNTERFEIT, OR MISREPRESENTED CREDIT CARD – STATUTE:

Md. CRIMINAL LAW Code Ann. § 8-209. Receiving property by stolen, counterfeit, or misrepresented credit card

(a) Prohibited. — A person may not receive money, goods, services, or anything of value if the person knows or believes that the money, goods, services, or other thing of value was obtained in violation of § 8-206 of this subtitle.

(b) Penalty.

(1) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds $ 500, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $ 1,000 or both.

(2) Except as provided in paragraph (3) of this subsection, if the value of all money, goods, services, and other things of value obtained in violation of this section does not exceed $ 500, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 500 or both.

(3) If the value of all money, goods, services, and other things of value obtained in violation of this section does not exceed $ 100, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both.

MONTGOMERY MARYLAND LAWYERS- RECEIVING PROPERTY BY STOLEN, COUNTERFEIT, OR MISREPRESENTED CREDIT CARD:

Md. Criminal Law Code Ann. § 8-209

Description

Penalties

Receiving property by stolen, counterfeit, or misrepresented credit card A person may not receive money, goods, services, or anything of value if the person knows or believes that the money, goods, services, or other thing of value was obtained in violation of § 8-206 of this subtitle If the value of all money, goods, services, and other things of value furnished or not furnished exceeds $ 500 Shall be guilty of a felony and be subject to imprisonment up to 15 years or a fine up to $ 1,000 or both
If the value of all money, goods, services, and other things of value furnished or not furnished does not exceed $ 500 Shall be guilty of a misdemeanor and be subject to imprisonment up to 18 months or a fine up to $ 500 or both
If the value of all money, goods, services, and other things of value furnished or not furnished does not exceed $ 100 Shall be guilty of a misdemeanor and be subject to imprisonment up to 90 days or a fine up to $ 500 or both
Receiving Property By Stolen, Counterfeit Or Misrepresented Credit Card in Montgomery, Maryland.

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Credit Card Unauthorized Use Montgomery Maryland Law 8-214

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Unauthorized Use Or Disclosure Of Credit Card Defense Montgomery – Maryland Lawyers

There are many different penalties for Unauthorized Use Or Disclosure Of Credit Card in Montgomery, Maryland.

If you have been charged with Unauthorized Use Or Disclosure Of Credit Card in Montgomery Maryland, contact our firm immediately for help.

Unauthorized Use Or Disclosure Of Credit Card in Montgomery. Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS- PROHIBITED — UNAUTHORIZED USE OR DISCLOSURE – STATUTE:

Md. CRIMINAL LAW Code Ann. § 8-214. Prohibited — Unauthorized use or disclosure

(a) In general; exceptions. — A person may not use or disclose any credit card number or other payment device number or holder’s signature unless:

(1) the person is the holder of the credit card number or payment device number;

(2) the disclosure is made to the holder or issuer of the credit card number or payment device number;

(3) the use or disclosure is:

(i) required under federal or State law;

(ii) at the direction of a governmental unit in accordance with law; or

(iii) in response to the order of a court having jurisdiction to issue the order;

(4) the disclosure is in connection with an authorization, processing, billing, collection, chargeback, insurance collection, fraud prevention, or credit card or payment device recovery that relates to the credit card number or payment device number, an account accessed by the credit card number or payment account number, a debt for which the holder or a person authorized by the holder gave the credit card number or payment device number for purposes of identification, or a debt or obligation arising, alone or in conjunction with another means of payment, from the use of the credit card number or payment device number;

(5) except as provided in subsection (b) of this section, the disclosure is reasonably necessary in connection with:

(i) the sale or pledge, or negotiation of the sale or pledge, of any portion of a business or the assets of a business;

(ii) the management, operation, or other activities involving the internal functioning of the person making the disclosure; or

(iii) the management, operation, or other activities involving disclosures between a corporation and its subsidiaries or controlled affiliates or between the subsidiaries or the controlled affiliates;

(6) the disclosure is made to a consumer reporting agency, as defined in § 14-1201 of the Commercial Law Article;

(7) subject to subsection (d) of this section, whether or not the person is a consumer reporting agency and whether or not the disclosure is a consumer report, the disclosure is made under a circumstance specified in the credit reporting provisions of § 14-1202(3)(i), (ii), (iii), or (iv) of the Commercial Law Article; or

(8) the disclosure is allowed under § 1-303 of the Financial Institutions Article.

(b) Disclosure for marketing against holder’s direction. — A disclosure for marketing purposes may not be made if the holder of an active credit card number or payment device number has prohibited the issuer in writing at the issuer’s address from using the card or number for marketing purposes.

(c) Notification of nondisclosure option required. —

(1) Notwithstanding subsection (a)(5)(iii) of this section, a disclosure for marketing purposes may not be made if the holder of an active credit card number or payment device number, other than an encoded credit card number or encoded payment device number, has notified the issuer in writing at an address specified by the issuer, that disclosure for marketing purposes is not allowed.

(2) The issuer shall notify each holder of an active credit card number or payment device number of the nondisclosure option and the specified address on a periodic basis at the issuer’s discretion at least once each year.

(3) The issuer shall comply with the holder’s election within 45 days after receiving the holder’s response.

(4) The election shall remain in effect until the holder rescinds the election or until there have been no debits or credits to the credit card number or payment device number for a 12-month period.

(d) Disclosure relating to credit reporting — Requirements. — Notwithstanding subsection (a)(7) of this section, and except as provided in § 14-1202(3)(i) of the Commercial Law Article, a person may not furnish a report containing a credit card number or payment device number before receiving an individual written, electronic, or other tangible record of a certification from the requestor:

(1) containing the reason that the credit card number or payment device number is required; and

(2) stating that the credit card number or payment device number:

(i) cannot be obtained under a circumstance specified under this part or Title 14 of the Commercial Law Article; or

(ii) is needed for security, or loss or fraud prevention purposes.

MONTGOMERY MARYLAND LAWYERS- PROHIBITED — UNAUTHORIZED USE OR DISCLOSURE:

Md. Criminal Law Code Ann. § 214

Description

Prohibited — Unauthorized use or disclosure (a) In general; exceptions. — A person may not use or disclose any credit card number or other payment device number or holder’s signature unless: (1) the person is the holder of the credit card number or payment device number;(2) the disclosure is made to the holder or issuer of the credit card number or payment device number;(3) the use or disclosure is:

(i) required under federal or State law;

(ii) at the direction of a governmental unit in accordance with law; or

(iii) in response to the order of a court having jurisdiction to issue the order;

(4) the disclosure is in connection with an authorization, processing, billing, collection, chargeback, insurance collection, fraud prevention, or credit card or payment device recovery that relates to the credit card number or payment device number, an account accessed by the credit card number or payment account number, a debt for which the holder or a person authorized by the holder gave the credit card number or payment device number for purposes of identification, or a debt or obligation arising, alone or in conjunction with another means of payment, from the use of the credit card number or payment device number;

(5) except as provided in subsection (b) of this section, the disclosure is reasonably necessary in connection with:

(i) the sale or pledge, or negotiation of the sale or pledge, of any portion of a business or the assets of a business;

(ii) the management, operation, or other activities involving the internal functioning of the person making the disclosure; or

(iii) the management, operation, or other activities involving disclosures between a corporation and its subsidiaries or controlled affiliates or between the subsidiaries or the controlled affiliates;

(6) the disclosure is made to a consumer reporting agency, as defined in § 14-1201 of the Commercial Law Article;

(7) subject to subsection (d) of this section, whether or not the person is a consumer reporting agency and whether or not the disclosure is a consumer report, the disclosure is made under a circumstance specified in the credit reporting provisions of § 14-1202(3)(i), (ii), (iii), or (iv) of the Commercial Law Article; or

(8) the disclosure is allowed under § 1-303 of the Financial Institutions Article.

(b) Disclosure for marketing against holder’s direction A disclosure for marketing purposes may not be made if the holder of an active credit card number or payment device number has prohibited the issuer in writing at the issuer’s address from using the card or number for marketing purposes.
(c) Notification of nondisclosure option required (1) Notwithstanding subsection (a)(5)(iii) of this section, a disclosure for marketing purposes may not be made if the holder of an active credit card number or payment device number, other than an encoded credit card number or encoded payment device number, has notified the issuer in writing at an address specified by the issuer, that disclosure for marketing purposes is not allowed.(2) The issuer shall notify each holder of an active credit card number or payment device number of the nondisclosure option and the specified address on a periodic basis at the issuer’s discretion at least once each year.(3) The issuer shall comply with the holder’s election within 45 days after receiving the holder’s response.

(4) The election shall remain in effect until the holder rescinds the election or until there have been no debits or credits to the credit card number or payment device number for a 12-month period.

(d) Disclosure relating to credit reporting — Requirements. — Notwithstanding subsection (a)(7) of this section, and except as provided in § 14-1202(3)(i) of the Commercial Law Article, a person may not furnish a report containing a credit card number or payment device number before receiving an individual written, electronic, or other tangible record of a certification from the requestor: (1) containing the reason that the credit card number or payment device number is required; and(2) stating that the credit card number or payment device number:(i) cannot be obtained under a circumstance specified under this part or Title 14 of the Commercial Law Article; or

(ii) is needed for security, or loss or fraud prevention purposes.

Unauthorized Use Or Disclosure Of Credit Card in Montgomery, Maryland.

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Sris Law Group
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Bad Check Montgomery Maryland Law 8-106 Penalty

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Bad Check/Penalty In Defense Montgomery – Maryland Lawyers

There are many different penalties for Bad Check/Penalty in Montgomery, Maryland.

If you have been charged with Bad Check/Penalty in Montgomery Maryland, contact our firm immediately for help.

Bad Check/Penalty in Montgomery, Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS – BAD CHECKS – PENALTY – STATUTE:

Md. CRIMINAL LAW Code Ann. § 8-106

Penalty

(a) Obtaining property or services with value of $500 or more — One check. — A person who obtains property or services with a value of $ 500 or more by issuing or passing a check in violation of § 8-103 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $ 1,000 or both.

(b) Obtaining property or services with value of $500 or more — More than one check. — A person who obtains property or services by issuing or passing more than one check in violation of § 8-103 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $ 1,000 or both if:

(1) each check that is issued is for less than $ 500 and is issued to the same person within a 30-day period; and

(2) the cumulative value of the property or services is $ 500 or more.

(c) Obtaining property or services — Value less than $500. — Except as provided in subsections (b) and (d) of this section, a person who obtains property or services with a value of less than $ 500 by issuing or passing a check in violation of § 8-103 of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 100 or both.

(d) Obtaining property or services — Value less than $100; certain defenses not available. —

(1) A person who obtains property or services with a value of less than $ 100 by issuing or passing a check in violation of § 8-103 of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both.

(2) It is not a defense to the crime of obtaining property or services with a value of less than $ 100 by issuing or passing a check in violation of § 8-103 of this subtitle that the value of the property or services at issue is $ 100 or more.

MONTGOMERY MARYLAND LAWYERS – BAD CHECKS – PENALTY:

Md. CRIMINAL LAW Code Ann. § 8-106

Description

Penalty

§ 8-106 (a) – Obtaining property or services with value of $500 or more — One check A person who obtains property or services with a value of $ 500 or more by issuing or passing a check in violation of § 8-103 of this subtitle. Guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $ 1,000 or both
§ 8-106 (b) – Obtaining property or services with value of $500 or more — More than one check. A person who obtains property or services by issuing or passing more than one check in violation of § 8-103 of this subtitle shall be liable for penalty if following conditions are satisfied:(1) each check that is issued is for less than $ 500 and is issued to the same person within a 30-day period; and(2) the cumulative value of the property or services is $ 500 or more
§ 8-106 (c) – Obtaining property or services — Value less than $500. Except as provided in subsections (b) and (d) of this section, a person who obtains property or services with a value of less than $ 500 by issuing or passing a check in violation of § 8-103 of this subtitle. Guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 100 or both
§ 8-106 (d) Obtaining property or services — Value less than $100; certain defenses not available A person who obtains property or services with a value of less than $ 100 by issuing or passing a check in violation of § 8-103 of this subtitle Guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both.
It is not a defense to the crime of obtaining property or services with a value of less than $ 100 by issuing or passing a check in violation of § 8-103 of this subtitle that the value of the property or services at issue is $ 100 or more.
Bad Check/Penalty in Montgomery, Maryland.

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Obtain Property/Service Bad Check Montgomery Maryland Law 8-105 Limitation Prosecution

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Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution In Defense – Maryland Lawyers

There are many different penalties for Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution in Maryland.

If you have been charged with Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution in Maryland, contact our firm immediately for help.

Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution in Maryland.

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MONTGOMERY MARYLAND LAWYERS – OBTAINING PROPERTY OR SERVICES BY BAD CHECK LIMITATION ON PROSECUTION –STATUTE:

Md. CRIMINAL LAW Code Ann. § 8-105. Obtaining property or services by bad check — Limitation on prosecution

(a) In general — Prosecution as theft. — A person who obtains property or services by issuing or passing a check in violation of § 8-103 of this subtitle may not be prosecuted under this article, if:

(1) other than falsely representing that there are sufficient funds with the drawee to cover the check, the issuing or passing of the check is not accompanied by a false representation; and

(2) the person who obtains the property or services makes the check good within 10 days after the drawee dishonors the check.

(b) Delay of prosecution. —

(1) A prosecution may not be commenced against a person described in subsection (a) of this section earlier than 10 days after the drawee dishonors the check.

(2) A person who obtains property or services by issuing a check in violation of § 8-103 of this subtitle may be prosecuted immediately under this article, if the person issuing the check:

(i) is the drawer; and

(ii) did not have an account with the drawee when the check was issued.

(c) Lesser included offense status not available unless charged. — Unless specifically charged by the State, obtaining property or services with a value of less than $ 100 by issuing or passing a check in violation of § 8-103 of this subtitle, as provided in § 8-106(d) of this subtitle, may not be considered a lesser included crime of any other crime.

MONTGOMERY MARYLAND LAWYERS – OBTAINING PROPERTY OR SERVICES BY BAD CHECK –LIMITATION ON PROSECUTION:

Md. Criminal Law Code Ann. § 8-105 Obtaining property or services by bad check — Limitation on prosecution

Description

(a) In general — Prosecution as theft A person who obtains property or services by issuing or passing a check in violation of § 8-103 of this subtitle may not be prosecuted under this article, if:(1) other than falsely representing that there are sufficient funds with the drawee to cover the check, the issuing or passing of the check is not accompanied by a false representation; and(2) the person who obtains the property or services makes the check good within 10 days after the drawee dishonors the check.
(b) Delay of prosecution (1) A prosecution may not be commenced against a person described in subsection (a) of this section earlier than 10 days after the drawee dishonors the check.

(2) A person who obtains property or services by issuing a check in violation of § 8-103 of this subtitle may be prosecuted immediately under this article, if the person issuing the check:

(i) is the drawer; and

(ii) did not have an account with the drawee when the check was issued

(c) Lesser included offense status not available unless charged. Unless specifically charged by the State, obtaining property or services with a value of less than $ 100 by issuing or passing a check in violation of § 8-103 of this subtitle, as provided in § 8-106(d) of this subtitle, may not be considered a lesser included crime of any other crime.
Obtaining Property/Service By Bad Check/Presumptions – Limitation On Prosecution in Maryland.

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Obtain Property/Service Bad Check Montgomery Maryland Law 8-103

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Obtaining Property/Service By Bad Check Defense Montgomery – Maryland Lawyers

There are many different penalties for Obtaining Property/Service By Bad Check in Montgomery, Maryland.

If you have been charged with Obtaining Property/Service By Bad Check in Montgomery Maryland, contact our firm immediately for help.

Obtaining Property/Service By Bad Check in Montgomery, Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS – FRAUD AND RELATED CRIMES – OBTAINING PROPERTY OR SERVICES BY BAD CHECK –STATUTE:

Md. CRIMINAL LAW Code Ann. § 8-103. Obtaining property or services by bad check

(a) Issuing check with knowledge of insufficient funds. — A person may not obtain property or services by issuing a check if:

(1) the person knows that there are insufficient funds with the drawee to cover the check and other outstanding checks;

(2) the person intends or believes when issuing the check that payment will be refused by the drawee on presentment; and

(3) payment of the check is refused by the drawee on presentment.

(b) Issuing check with intent to stop payment. — A person may not obtain property or services by issuing a check if:

(1) when issuing the check, the person knows that the person or, in the case of a representative drawer, the person’s principal intends, without the consent of the payee, to stop or countermand the payment of the check, or otherwise to cause the drawee to disregard, dishonor, or refuse to recognize the check; and

(2) payment is refused by the drawee on presentment.

(c) Issuing check with intent that payment be refused — Check passed to third party. — A person may not issue a check if:

(1) the check is in payment for services provided or to be provided by:

(i) an employee of the drawer or representative drawer; or

(ii) an independent contractor hired by the drawer or representative drawer;

(2) the drawer or representative drawer:

(i) intends or believes when issuing the check that payment will be refused by the drawee on presentment; or

(ii) knows that the drawer or, in the case of a representative drawer, the principal of the representative drawer has insufficient funds with the drawee to cover the check and other outstanding checks;

(3) the employee of the drawer or representative drawer or an independent contractor hired by the drawer or representative drawer passes the check to a third person; and

(4) payment is refused by the drawee on presentment.

(d) Passing check with knowledge that drawer has insufficient funds. — A person may not obtain property or services by passing a check if:

(1) the person knows that the drawer of the check has insufficient funds with the drawee to cover the check and other outstanding checks;

(2) the person intends or believes when passing the check that payment will be refused by the drawee on presentment; and

(3) payment of the check is refused by the drawee on presentment.

(e) Passing check with knowledge of stopped payment or dishonor. — A person may not obtain property or services by passing a check if:

(1) the person knows that:

(i) payment of the check has been stopped or countermanded; or

(ii) the drawee of the check will disregard, dishonor, or refuse to recognize the check; and

(2) payment is refused by the drawee on presentment.

MONTGOMERY MARYLAND LAWYERS – FRAUD AND RELATED CRIMES – OBTAINING PROPERTY OR SERVICES BY BAD CHECK:

Md. Criminal Law Code Ann. § 8-103 Obtaining property or services by bad check

Description

(a) Issuing check with knowledge of insufficient funds. A person may not obtain property or services by issuing a check if:(1) the person knows that there are insufficient funds with the drawee to cover the check and other outstanding checks;(2) the person intends or believes when issuing the check that payment will be refused by the drawee on presentment; and

(3) payment of the check is refused by the drawee on presentment

(b) Issuing check with intent to stop payment A person may not obtain property or services by issuing a check if:(1) when issuing the check, the person knows that the person or, in the case of a representative drawer, the person’s principal intends, without the consent of the payee, to stop or countermand the payment of the check, or otherwise to cause the drawee to disregard, dishonor, or refuse to recognize the check; and(2) payment is refused by the drawee on presentment
(c) Issuing check with intent that payment be refused – Check passed to third party. A person may not issue a check if:(1) the check is in payment for services provided or to be provided by:(i) an employee of the drawer or representative drawer; or

(ii) an independent contractor hired by the drawer or representative drawer;

(2) the drawer or representative drawer:

(i) intends or believes when issuing the check that payment will be refused by the drawee on presentment; or

(ii) knows that the drawer or, in the case of a representative drawer, the principal of the representative drawer has insufficient funds with the drawee to cover the check and other outstanding checks;

(3) the employee of the drawer or representative drawer or an independent contractor hired by the drawer or representative drawer passes the check to a third person; and

(4) payment is refused by the drawee on presentment

(d) Passing check with knowledge that drawer has insufficient funds A person may not obtain property or services by passing a check if:(1) the person knows that the drawer of the check has insufficient funds with the drawee to cover the check and other outstanding checks;(2) the person intends or believes when passing the check that payment will be refused by the drawee on presentment; and

(3) payment of the check is refused by the drawee on presentment.

(e) Passing check with knowledge of stopped payment or dishonor A person may not obtain property or services by passing a check if:(1) the person knows that:(i) payment of the check has been stopped or countermanded; or

(ii) the drawee of the check will disregard, dishonor, or refuse to recognize the check; and

(2) payment is refused by the drawee on presentment

Obtaining Property/Service By Bad Check in Montgomery, Maryland.

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Article written by A SrisA Sris
Sris Law Group
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Obtain Property/Service Bad Check Montgomery Maryland Law 8-104 Presumptions

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Obtaining Property/Service By Bad Check/Presumptions Defense Montgomery – Maryland Lawyers

There are many different penalties for Obtaining Property/Service By Bad Check/Presumptions in Montgomery, Maryland.

If you have been charged with Obtaining Property/Service By Bad Check/Presumptions in Maryland, contact our firm immediately for help.

Obtaining Property/Service By Bad Check/Presumptions in Montgomery Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS – OBTAINING PROPERTY OR SERVICES BY BAD CHECK PRESUMPTIONS–STATUTE:

Md. CRIMINAL LAW Code Ann. § 8-104. Obtaining property or services by bad check — Presumptions

(a) Presumption of knowledge of insufficient funds. — The drawer or representative drawer is presumed to know that there are insufficient funds whenever the drawer of a check has insufficient funds with the drawee to cover the check and other outstanding checks when issuing the check.

(b) Presumption of intent that check be dishonored. — The drawer or representative drawer of a dishonored check is presumed to have intended or believed that the check would be dishonored on presentment if:

(1) the drawer had no account with the drawee when issuing the check; or

(2) (i) when issuing the check, the drawer had insufficient funds with the drawee to cover the check and other outstanding checks;

(ii) the check was presented to the drawee for payment not more than 30 days after the date of issuing the check; and

(iii) the drawer had insufficient funds with the drawee at the time of presentment.

(c) Evidence of dishonor, lack of account, and insufficient funds. — A notice of protest of a check, or a certificate under oath of an authorized representative of the drawee declaring the dishonor of a check, the drawer’s lack of an account, or that the drawer had insufficient funds introduced in evidence is presumptive evidence, that:

(1) the check was dishonored by the drawee; and

(2) the drawer had:

(i) no account with the drawee when the check was issued; or

(ii) insufficient funds with the drawee at the time of presentment and issuing of the check.

(d) Effect of intent to stop payment as evidence. — The fact that a drawer or representative drawer, without the consent of the payee, stopped or countermanded the payment of the check, or otherwise caused the drawee to disregard, dishonor, or refuse to recognize the check without returning or tendering the return of the property obtained, is presumptive evidence that the drawer or representative drawer had the intent when issuing the check to stop or countermand payment or otherwise cause the drawee to disregard, dishonor, or refuse to recognize the check.

MONTGOMERY MARYLAND LAWYERS – OBTAINING PROPERTY OR SERVICES BY BAD CHECK – PRESUMPTIONS:

Md. Criminal Law Code Ann. § 8-104 Obtaining property or services by bad check — Presumptions

Description

(a) Presumption of knowledge of insufficient funds The drawer or representative drawer is presumed to know that there are insufficient funds whenever the drawer of a check has insufficient funds with the drawee to cover the check and other outstanding checks when issuing the check
(b) Presumption of intent that check be dishonored The drawer or representative drawer of a dishonored check is presumed to have intended or believed that the check would be dishonored on presentment if:(1) the drawer had no account with the drawee when issuing the check; or(2) (i) when issuing the check, the drawer had insufficient funds with the drawee to cover the check and other outstanding checks;

(ii) the check was presented to the drawee for payment not more than 30 days after the date of issuing the check; and

(iii) the drawer had insufficient funds with the drawee at the time of presentment.

(c) Evidence of dishonor, lack of account, and insufficient funds A notice of protest of a check, or a certificate under oath of an authorized representative of the drawee declaring the dishonor of a check, the drawer’s lack of an account, or that the drawer had insufficient funds introduced in evidence is presumptive evidence, that:(1) the check was dishonored by the drawee; and(2) the drawer had:

(i) no account with the drawee when the check was issued; or

(ii) insufficient funds with the drawee at the time of presentment and issuing of the check

(d) Effect of intent to stop payment as evidence The fact that a drawer or representative drawer, without the consent of the payee, stopped or countermanded the payment of the check, or otherwise caused the drawee to disregard, dishonor, or refuse to recognize the check without returning or tendering the return of the property obtained, is presumptive evidence that the drawer or representative drawer had the intent when issuing the check to stop or countermand payment or otherwise cause the drawee to disregard, dishonor, or refuse to recognize the check.
Obtaining Property/Service By Bad Check/Presumptions in Montgomery, Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

Article written by A SrisA Sris
Sris Law Group
1-240-399-0304

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Failure Return Rental Vehicle Montgomery Maryland Law 7-205

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Failure To Return Rental Vehicle Defense Montgomery – Maryland Lawyers

There are many different penalties for Failure To Return Rental Vehicle in Montgomery, Maryland.

If you have been charged with Failure To Return Rental Vehicle in Montgomery Maryland, contact our firm immediately for help.

Failure To Return Rental Vehicle in Montgomery, Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS – UNLAWFUL USE OF GOODS – FAILURE TO RETURN RENTAL VEHICLE – STATUTE:

Md. CRIMINAL LAW Code Ann. § 7-205. Failure to return rental vehicle

(a) Prohibited. — A person who leases or rents a motor vehicle under an agreement to return the motor vehicle at the end of the leasing or rental period may not abandon the motor vehicle or refuse or willfully neglect to return it.

(b) Prosecution prohibited. —

(1) A person may not be prosecuted under this section if, within 5 days after a written demand for the return of the motor vehicle is mailed by regular mail and certified United States mail, return receipt requested, to the person who leased or rented the motor vehicle at the last address known to the person who delivered the motor vehicle, the person returns or accounts for the motor vehicle to the person who delivered the motor vehicle.

(2) A prosecution may not be started until 5 days after a written demand described in paragraph (1) of this subsection is mailed.

(c) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 500 or both.

MONTGOMERY MARYLAND LAWYERS – UNLAWFUL USE OF GOODS – FAILURE TO RETURN RENTAL VEHICLE:

Md. Criminal Law Code Ann. § 7-205

Description

Penalties
Failure to return rental vehicle A person who leases or rents a motor vehicle under an agreement to return the motor vehicle at the end of the leasing or rental period may not abandon the motor vehicle or refuse or willfully neglect to return it Guilty of a misdemeanor and on conviction is subject to imprisonment up to 1 year or a fine up to $ 500 or both
§ 7-205 (b)Prosecution prohibited (1) A person may not be prosecuted under this section if, within 5 days after a written demand for the return of the motor vehicle is mailed by regular mail and certified United States mail, return receipt requested, to the person who leased or rented the motor vehicle at the last address known to the person who delivered the motor vehicle, the person returns or accounts for the motor vehicle to the person who delivered the motor vehicle.(2) A prosecution may not be started until 5 days after a written demand described in paragraph (1) of this subsection is mailed.
Failure To Return Rental Vehicle in Montgomery, Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

Article written by A SrisA Sris
Sris Law Group
1-240-399-0304

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Unauthorized Removal Property Montgomery Maryland Law 7-203

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Unauthorized Removal Of Property Defense Montgomery – Maryland Lawyers

There are many different penalties for Unauthorized Removal Of Property in Montgomery, Maryland.

If you have been charged with Unauthorized Removal Of Property in Montgomery Maryland, contact our firm immediately for help.

Unauthorized Removal Of Property in Montgomery, Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS – UNLAWFUL USE OF GOODS – UNAUTHORIZED REMOVAL OF PROPERTY-STATUTE:

Md. CRIMINAL LAW Code Ann. § 7-203. Unauthorized removal of property

(a) Prohibited. — Without the permission of the owner, a person may not take and carry away from the premises or out of the custody of another or use of the other, or the other’s agent, or a governmental unit any property, including:

(1) a vehicle;

(2) a motor vehicle;

(3) a vessel; or

(4) livestock.

(b) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction:

(1) is subject to imprisonment for not less than 6 months and not exceeding 4 years or a fine not less than $ 50 and not exceeding $ 100 or both; and

(2) shall restore the property taken and carried away in violation of this section or, if unable to restore the property, shall pay to the owner the full value of the property.

(c) Prohibited defense. — It is not a defense to this section that the person intends to hold or keep the property for the person’s present use and not with the intent of appropriating or converting the property.

MONTGOMERY MARYLAND LAWYERS – UNLAWFUL USE OF GOODS – UNAUTHORIZED REMOVAL OF PROPERTY

Md. Criminal Law Code Ann. § 7-203

Description

Penalties

Unauthorized removal of property Without the permission of the owner, a person may not take and carry away from the premises or out of the custody of another or use of the other, or the other’s agent, or a governmental unit any property, including:

(1) a vehicle;

(2) a motor vehicle;

(3) a vessel; or

(4) livestock.

Guilty of a misdemeanor and on conviction is subject to imprisonment for 6 months to 4 years or a fine $ 50 to $ 100 or both; and shall restore the property taken and carried away in violation of this section or, if unable to restore the property, shall pay to the owner the full value of the property
Unauthorized Removal Of Property in Montgomery, Maryland.

We will do our absolute best to help you get the best result possible based on the facts of your case.

Article written by A SrisA Sris
Sris Law Group
1-240-399-0304

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