Thank you for your question. I look forward to working with you.Under federal law, there is really no such thing legally as a "post dated check." A post dated check is simply an alleged agreement between the parties that the recipient of the check will hold off on cashing it. However, under NY Penal Code 190.00, " 1. "Check" means any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance." Thus, if you prove the check was post dated, this would be a defense to any charge of issuing bad checks.The NY courts have held, "a post-dated check, standing alone, is not a "check" for the purpose of the offense of issuing a bad check." See: People v. Shimoni, 553 N.Y.S.2d 175, 159 A.D.2d 659 (N.Y.A.D. 2 Dept., 1990).Thus, the DA would need more to pursue a conviction of issuing bad checks than the post dated check. If they cashed the check after the date on the check and found it was not valid, this would be the additional evidence they would need to pursue a bad check charge if you failed to make good on the check upon demand.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).