CALIFORNIA CRIMINAL LAWYERS

Los Angeles Check Fraud: Why You Need Legal Representation

Understanding California-PC 476 for Check Fraud and Passing Bad Checks

Passing bad checks and committing check fraud are serious offenses that can tarnish your reputation and lead to severe legal consequences. Although security measures have been put in place to reduce check fraud occurrences, many cases still go before the court, particularly in the state of California. In this article, we’ll explore a few essential aspects of California-PC 476 for check fraud and passing bad checks, the charges that arise, and how to defend against them.

What is a Fraudulent Check Charge?

Check fraud is considered a “wobbler” in California, meaning it can be filed as either a misdemeanor or a felony. A prosecutor has the responsibility to establish that the defendant possessed or passed a check that was not legitimate. The prosecution must demonstrate that the defendant had the intention to present the check as their possession and with genuine authority. The fraudulent check can originate from a false account, fake person, or altered real account. The amount, name, routing number, or payee can also be fraudulently changed. Therefore, the prosecutor must collect enough evidence to demonstrate that a crime has been committed, and the defendant did not have the right to the funds or object obtained through the fraudulent check.

Defending Against a Check Fraud Charge

Defending against a check fraud charge is challenging but possible. A defendant could be handling a fake check unknowingly, not aware that it’s bogus. If the defendant attempts to cash the check, they might not realize that the check is fake until the bank rejects it. In this case, the defense could prove that the defendant had no knowledge that they were in possession of a fake check, and therefore, there could have been no intention to defraud the payee.

In the legal context, an individual must have the intent to defraud another to be charged with check fraud. Therefore, if a person had no knowledge that they were handling a fake check, they could not have had the intention to defraud the payee. To mount a strong defense, a skilled attorney would review the prosecution’s evidence and argue that the defendant wasn’t aware of the fraudulent check’s nature. In cases where both parties altered the check, indicating changes like the date and name, it is not considered a violation of the law, and the charges can be easily fought.

Passing Bad Checks

Passing bad checks, as defined under section 476 a of California-PC, is another form of check fraud. It occurs when a person writes a check without enough funds to cover it. In many cases, passing bad checks and credit card fraud can overlap or fall under general theft offenses. While check fraud and bad checks are getting harder to commit, it still occurs, and law enforcement takes such crimes seriously. The offense, like check fraud, is considered a “wobbler.” If the value of the check is over $300, it is automatically classified as a felony, and the defendant could face severe legal consequences.

Why You Need a Skilled Defense Attorney

California-PC 476 for check fraud and passing bad checks is a crucial area of law, and any person charged with such offenses needs a skilled defense attorney. Conviction of these offenses can severely damage one’s reputation and have serious legal implications. Although the prosecutor would charge the defendant with their strongest argument, a skilled attorney would work to reduce or dismiss the charges. As such, it is essential to hire an attorney who is knowledgeable about this area of law, understands the court processes and has a history of successfully defending similar cases. At our law firm, we have successfully defended several clients, and we are confident that we can help you mount a strong defense. Give us a call today for a consultation. We are dedicated to helping you move past this event and retain your good name while seeking justice.

California-PC 476 for Check Fraud and Passing Bad Checks

Understanding California-PC 476 for Check Fraud

Check fraud still occurs today, and it remains a chargeable offense under California-PC 476. A fraudulent check charge is a serious matter that prosecutors deal with in California courts. A prosecutor must have a strong case against the defendant, and they must establish that the person passed or possessed a forged check, knowing it was not legal.

• A fraudulent check could be fake, altered or the person knew it was fraudulent
• The prosecution has to show that the defendant had intent
• The charges are a “wobbler” and can either be felonious or a misdemeanor
• Where both parties alter a check, it does not violate the law entirely

The Passsing of Bad Checks Under California Law

Writing a bad check is also a serious offense that can connect to theft laws. Section 476 a of California-PC prohibits the writing of a check without having enough funds to cover the obligation. Although newer checking equipment is available for verifying funds’ availability, some people still bypass this step and use post-dated and bad checks. Passing bad checks is a “wobbler” offence, meaning it can be a misdemeanor or a felony, depending on the payee and check amount.

Defending Against Check Fraud

Defending a fraudulent check charge should be done with the help of an experienced attorney. They may defend the charges if there was no knowledge of having possession of a bogus/fake cheque or if they had no intent to defraud the other party. Under California Law, to commit this offense, a person must have the intent to defraud, which can be a difficult claim to argue against in court. In the case where both parties change a check, it does not necessarily violate the law, and the charges can be fought.

Why You Need a Skilled Defense Attorney

Check fraud and passing bad checks are serious offenses that fall under California-PC 476. The prosecutor must establish that the defendant passed or had a forged check, knowing that it was false. Additionally, the charges could fall under the “wobbler” category, meaning that they are eligible for either a felony or a misdemeanor. Defending against check fraud and passing a bad check can be exceedingly challenging, especially when the law is harsh in this sector. Hiring an experienced defense attorney is necessary for you to stand a chance to reduce or even win the case. Nonetheless, many people end up in legal trouble, regardless of their precautions. A criminal record can damage your reputation and your life.