Maximum Punishment and Sentencing Parameters
| Offense | Maximum confinement | Category | Applicable confinement range before any justified departure | Other listed maximum punishments |
|---|---|---|---|---|
| Worthless check by dishonorably failing to maintain funds | 6 months | 1 | 0–6 months after the offense maximum applies | Bad-conduct discharge and forfeiture of all pay and allowances |
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must use the applicable confinement range unless specific facts justify a departure, which requires a written statement in the record explaining the factual basis. A category range does not increase the offense’s lawful maximum or the court-martial’s jurisdictional limit. An offense assigned sentencing criteria instead of a category requires consideration of those criteria. These are current rules; the date of the alleged conduct determines which offense definition and maximum punishment apply. Earlier conduct requires checking the earlier law. Confinement ranges are separate from authorized discharge, forfeiture and other punishments. Reduction to E-1 applies to enlisted personnel, not officers. Punitive separation also depends on military status. Dismissal applies to commissioned officers, including commissioned warrant officers, cadets and midshipmen. A dishonorable discharge applies to enlisted members and uncommissioned warrant officers; a bad-conduct discharge applies only to enlisted members.
At Bilecki Law Group, we defend service members against charges under Article 134 of the UCMJ. This includes, but is not limited to, charges of making or uttering a worthless check under the general article.
What Is Article 134 Of The UCMJ?
Article 134 of the UCMJ is often referred to as the general article and includes a list of prohibited activities which are believed to bring discredit upon the armed services or is to the prejudice to good order and discipline. This includes the charge of dishonorably failing to maintain sufficient funds for a check under Article 134.
For a service member to be found guilty, the prosecution must prove and satisfy the following five elements:
(1) That (state the time and place alleged), the accused made and uttered a certain check, to wit: (here describe the check, or, if it is set forth in the specification, refer to it);
(2) That the check was made and uttered (for the purchase of __________) (in payment of a debt) (for the purpose of __________);
(3) That the accused subsequently failed to place or maintain sufficient funds in or credit with the (state the name of the bank or other depository) for payment of the check in full upon its presentment for payment;
(4) That this failure was dishonorable; and
(5) That, under the circumstances, the conduct of the accused was (to the prejudice of good order and discipline in the armed forces) (of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces or of a nature to bring discredit upon the armed forces).
The maximum punishment if found guilty could come with a bad conduct discharge, total forfeiture of all pay and allowances, 6 months confinement and reduction in rank to E-1.
Do not risk your military career on a bounced check. Contact the law offices of Bilecki Law Group TODAY to start fighting back.
Will A Worthless Check End My Military Career?
When we see service members facing this charge, it absolutely enrages us to the point that we want to fight back just for the principle of the matter. It’s never some flag officer writing a check for his private boat that went bad. No, it’s some PFC trying to buy some overpriced baby formula for his family. Yes, occasionally it's to buy a case of Natty Lite and a sleeve of SKOAL, but it is almost always more family oriented.
To make matters worse, the young PFC likely let his command know about his financial troubles and instead of helping him out, they gave the young Marine a lecture on marrying young. These young service members who are passing bad checks are just trying to make life work as best they know how. So, when their command sees fit to prosecute over the charge of passing a worthless check it is wrong and it most certainly is not justice.
Unfortunately, you need to put up a staunch military defense because they can end your military career over this if they so choose. You have to remember that the military justice system exists to preserve good order and discipline. For this to work, they have to make a public example out of someone and if you don’t fight back, they will make that example out of you.
Defense Attorney for Check, Worthless, Making and Uttering
To give yourself a fighting chance of securing a positive outcome in your case, you should hire an attorney that understands financial fraud accusations and has years of experience and a provable record defending service members like yourself.
For decades Bilecki Law Group has been helping active duty and reserve service members fight back against the military’s conviction machine. To do so, we rely on a mixture of tenacity, teamwork, and fast reaction times to even our client’s odds in court.
Our past clients have trusted Bilecki Law Group to get the job done for these and many other reasons:
- We are experienced financial fraud defense attorneys: Court-martial lawyer Tim Bilecki is experienced in finance-related offenses and has defended numerous clients from financial fraud allegations. His mastery of the UCMJ and trial advocacy skills are indisputable and have been proven in the courtroom time and time again.
- Our legal team is one of the best in the business: Your attorney needs a talented team behind the defense to fight the government’s case. Bilecki Law Group believes in the team concept. Tim and Ben build the strategy together and can select independent investigators and experts for the work your case requires.
- We defend America’s military worldwide: Bilecki Law Group is based in Tampa, Florida. Tim and Ben both travel for courts-martial and administrative boards. We begin preparing your defense remotely, then plan travel around the urgency and demands of your case.
A conviction under Article 134 could destroy your military career and strip you of your hard-earned military benefits and your freedom. To fight back, you will need an attorney who understands fraud allegations and who has a reputation for securing positive outcomes for his clients. Bilecki Law Group defends service members against fraud charges and knows how to win. Review our case history to learn why our clients trust us to get the job done
Bilecki Law Group will help you fight back against charges under Article 134: Check, Worthless, Making and Uttering
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Contact Us for a Confidential Strategy Session.
If you are facing this charge, reach out to us for a free initial consultation. We understand money is tight due to the nature of this charge, and we will give you a candid assessment of the case, the cost and whether hiring us makes sense. We need you in the fight for this nation and not spending six months in military prison because you were trying to feed your family. It’s our honor to help make that happen.
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