Writing Bad Checks

A check is deemed “bad” if you give it knowing that there are inadequate funds to cover the entire check’s value or if you cancel it before the receiver withdraws it. Violating PC 476a is a severe criminal charge with penalties like fines, serving time, and a life-altering criminal record. Just because you made a mistake does not mean you should suffer for life. The Law Offices of Anna R. Yum, a skilled San Diego law firm, can protect your legal rights and interests to the fullest extent of the law. We can evaluate your case facts and work with you to create an effective legal strategy to help you obtain the most favorable case outcome.

What You Need to Know about California Writing Bad Checks Legal Definition

California Penal Code Section 476a makes it illegal to make a bad check. Before convicting you, the prosecution should establish the following elements of this crime:

• You willfully used, drew, made, or tried to draw, use, or money order payment or a check.
• When you made, drew, used, or tried to act so, there was inadequate money to cover the check’s full payment.
• You knew that the account had insufficient funds.
• When you acted, you had to defraud intent.

An order or check is a legal document instructing a person, firm, or bank to pay an individual referred to as a recipient of the order or check.

You draw or make an order or check when you write it and sign it to approve the payment.

 Defining the Legal Term “Willfully” Per 476a

You willfully violate when you act on purpose, deliberately, or willingly.

Trying to Use or Re-Use

You attempt to utilize a check by presenting that your check is authentic. You can make the representation through conduct or words, which can be indirect or direct.

Trying to use or re-use entails the following:

• Drafting a check before your payee.
• Handling the check to the payee.

Intention to Defraud

You must have intended to swindle for the judge to sentence you for violating PC 476a. You plan to con if you purposely trick somebody else or deceive them.

Actual defraudment does not necessarily have to have taken place against the victim or caused a loss for you to be guilty. The determining factor is the existence of any fraudulent intent.

Please remember that no motive to swindle exists if you actually and reasonably thought the bank would pay your check when you acted.

Penalties, Sentencing, and Consequences of Drafting a Bad Cheque

Violating PC 476a is a California misdemeanor if an individual’s bad check worth does not exceed $950 and you do not have any previous convictions.

Other times, the crime becomes a wobbler, and the prosecution can file it as a felony or a misdemeanor.

A misdemeanor is an offense punishable by a year in California jail and a $1,000 fine. On the other hand, a felony attracts a $10,000 fine and three years in jail.

On top of these criminal penalties and consequences, the recipient can sue you in a California court to recover the check amount. The recipient can ask for further damages of $1,500.

For bounced checks amounting to $12,500, the victims can take legal action in a minor claims court. Typically, it involves sending a demand letter through certified mail and a return receipt as requested. Victims do not recover attorney’s fees in small claims court.

Immigration Consequences

If found guilty of violating this law, it will negatively impact your immigration status. The U.S. immigration law states that specific kinds of convictions can cause:

• An immigrant to be marked inadmissible.
• The deportation of a non-citizen.

The law in California says that passing a bad check is a crime involving moral turpitude. Hence, it could lead to deportation per federal law.

The term “inadmissible” means you do not qualify for benefits the United States immigration authorities can grant. Here are some of the things you cannot do when inadmissible:

• Re-entering the county after leaving.
• Becoming a United States citizen.
• Applying for an adjustment of status.
• Applying for a green card.

How a Conviction Affects Your Firearm Rights

If found guilty per this legal provision, it can hurt your firearm rights. California felons are forbidden from possessing, purchasing, or owning a firearm.

It means you will be deprived of your right to possess, buy, or own a firearm if:

• The prosecution charges the crime as a felony or
• The court convicts you of a felony.

Can You Expunge Your PC 476a Conviction?

An expungement cleans up your adult criminal record to limit the information that shows up during a background check. It also helps relieve you of the repercussions of a conviction and gives you a fresh start. It allows you to easily secure future employment, affordable housing, educational opportunities, and professional state licenses.

You can expunge your PC 476a conviction if you have:

• Completed probation successfully.
• Completed your prison sentence.

If you violated your probation conditions, you could expunge your criminal records. However, the expungement will be at the court’s discretion.

Legal Defenses to A Charge of Writing A Bad Check

Depending on the facts of the case, you and your attorney could raise any of the following defenses to contest the accusation:

Post-dated the Check

You cannot be found guilty under this California statute if you post-dated your check. You informed the payee to wait until another date before cashing your check when adequate funds will be in your bank account.

No Motive To Defraud

An individual can only be found guilty if they acted with the motive to defraud. It means it is a legal defense to prove you did not have ill intent.

You Informed the Payee About the Insufficient Funds

This legal defense is similar to postdating a check. The California courts hold that it is a legal defense to say that you told the payee the account does not have adequate money when presenting the check.

Related Crimes

Other related offenses associated with making bad checks that a California district attorney could charge you with include:

Forgery (California Penal Code 470)

California Penal Code 470 is the law that classifies forgery as an offense.

Forgery occurs when an individual commits the following:

• Fakes another person’s handwriting or company seal.
• Signs another individual’s name.
• Fakes, changes, or presents as authentic a counterfeit document regarding finances or property.
• Alters or forges a legal document.

California forgery is a wobbler. A misdemeanor carries a year in county jail, while a felony attracts three years in jail.

Instead of incarceration, the judge can award summary or formal probation.

Check Fraud

California PC 476 states that it is an offense if you make or use a check and you:

• Seeks to swindle the payee.
• Discloses the motive by presenting the check as genuine.

The crime is a wobbler. A misdemeanor carries a year in county jail, while a felony attracts a three-year jail sentence.

Grand Theft

The California PC 487 defines grand theft as:

• Illegally taking ownership of another’s property.
• When the property in question is $950 or above.

Grand theft is a wobbler. A misdemeanor conviction carries a punishment of a year in jail. On the other hand, a PC 487 felony carries the following:

• Formal probation with a year in California jail, or
• A maximum of three years in jail unless the theft involved a firearm.

Signs You Are Under Investigation

You could learn that you are the subject of a criminal investigation through the grapevine. It could be through rumors circulating in the office or through an associate who is the subject of white-collar criminal activity. While being in the dark is not an ideal scenario, discovering you are under investigation often provides you with a suitable avenue to proactively prepare for the investigation if law enforcement contacts you.

In many cases, the apparent indications that law enforcers are investigating you include the following:

• Receiving a letter from a federal prosecutor informing you that you are under official investigation.
• Receiving a call from law enforcers who want to set up a meeting and ask you questions regarding any knowledge or involvement in unlawful activity.
• An associate informs you that they have had an interview, and police officers questioned them about any activity that might link you to the case. Police are more likely to interview you if the associate mentions your name.
• The police can obtain a search warrant to search your workplace, home, or car.
• Federal agents could appear at your workplace or home. They could even track you without notice to catch you unaware and question you about the case.
• Receiving a letter from the federal prosecution informing you that you are the subject of an official investigation.
• You could receive a California grand jury subpoena informing you of your legal obligation to testify or hand over requested records or documents relating to the alleged case.

Proactive Measures to Take While Under Investigation

You should be proactive if you find yourself the subject of a fraud-related investigation. Here are some helpful tips:

• Exercising your legal right to remain silent — The 5th Amendment of the U.S. Constitution prohibits law enforcement agencies from forcing testimonial questioning that could incriminate you. In simpler terms, an action becomes testimonial if an individual is compelled to reveal their mind’s content to ascertain a fact.
• Employ a defense lawyer once you learn of the investigation — If you engage a defense attorney early, your attorney can perform their investigation while the case details remain fresh in the potential defense witnesses’ minds. It is not uncommon for the witness’s testimony to change following police questioning. Thus, it would be much more helpful if the defense could interview those witnesses and secure their statements before police officers do.
• Avoid an indictment — Your attorney can decide the necessary measures to take to prevent your indictment. The legal advocate will advise whether it helps your case to meet with law enforcement agents and could be present at the meetings. By collecting and compiling essential information, your lawyer can persuade the police to halt pursuing criminal charges against you or convince the prosecution to seek an indictment. If the prosecution refuses to drop the charges, your attorney can work to obtain less severe charges.
• Presentations before the grand jury — Your attorney will make a legal presentation about your case before a grand jury hearing. Additionally, they will present your witnesses’ statements to the jury to persuade them not to indict you.

Developing A Strong Case Defense Strategy

When facing a prosecution, you should build a solid case strategy to increase your odds of a favorable outcome. The repercussions, if found guilty, can be extensive, impacting your finances, reputation, and freedoms in the future.

Some of the ways to build a solid defense include the following:

Collecting Proof and Engaging in Witness Interviews

Typically, proof and case witness testimony are the basis of your defense strategy. They could make the difference between your conviction and acquittal. Instances of relevant proof can include electronic recordings, CCTV recordings, or physical items that can contest the prosecutor’s case or create a different case narrative.

However, the proof is only a part of the solution. Your attorney should identify and question the case witnesses for a better perspective of the happenings and identify the flaws in the prosecutor’s case. Sometimes, your lawyer will call witnesses who could attest to your character or offer an alibi. Proof and testimony safeguard you against unfair accusations and grant you tools to fight the prosecutor’s narrative.

Knowing Your Rights

When you know your legal rights, you are empowered to avoid pitfalls that unintentionally incriminate you. For instance, if law enforcement agents breach your constitutional rights, identifying and understanding the police violation empowers you to contest their case more effectively. It should be your initiative to demand the appropriate treatment you are entitled to throughout the judicial process.

Also, being informed and vigilant about your rights could significantly impact your case’s outcome.

Establishing an Open Line of Communication with Your Legal Counsel

A solid relationship with your lawyer is the cornerstone of a case defense. The relationship should be based on open dialogue and trust. Your lawyer should know the nuance of each case and your objectives and concerns. The mutual understanding gives your attorney a better comprehension of the case facts and a chance to identify probable defense angles. Candid, consistent deliberations assist the attorney in developing the proper defense and enable you to be updated about the case developments. Open dialogue also allows you to better understand your attorney’s advice and make informed decisions that align with your objectives.

Appealing Your PC 476a Criminal Conviction

You can file an appeal if you are a victim of a biased, harsh sentence or an unfair trial.

An appeal is a plea for an appellate court (a higher court) to analyze a lower court’s decision. The appeal is not another trial; the higher court does not examine new proof, accept witness testimony, or retry the criminal case.

The appellate court’s responsibility is to evaluate the hearings in the lower court to ascertain if legal mistakes significantly affected any party’s rights. The court achieves this by analyzing the following:

• The Superior Court’s record.
• Court clerk’s transcript.
• Attorneys’ arguments.

If a defendant is appealing their misdemeanor conviction, they will bring the petition to the Appellate Division of the Superior Court. If they want to bring a felony appeal, they should do it with the Court of Appeal.

Notice of Appeal

After your conviction at a jury trial in the trial court, you are entitled to appeal it. You or your lawyer should initiate your misdemeanor and felony appeal by bringing a Notice of Appeal within thirty and sixty days, respectively, after the Superior Court judgment.

You should comply with these stringent timeframes. Otherwise, you risk jeopardizing your criminal case.

To Successfully Appeal Your Case, You Should Establish a Legal Error Happened at the Lower Court

As previously mentioned, the appellate court is only interested in legal mistakes. Legal errors mean someone involved in the underlying criminal case did not abide by the law. These legal issues include the following:

• Whether the presiding judge improperly excluded or admitted proof.
• Whether the prosecution acted unethically.
• Whether the presiding judge abused their discretion during the sentencing.

Please note that issues like whether you are guilty, the strength of specific evidence, and witnesses’ credibility are questions of fact and are within the trial court’s jurisdiction. Since the lower court and jury members were tasked with evaluating questions of fact, the appellate judge assumes they decided correctly.

To win your appeal, you should establish that the mistakes were prejudicial. It involves determining whether a legal error is insufficient to reverse a sentence or conviction. The appellate judge should also conclude that the mistake biased one party. You can prove prejudice when there are reasonable possibilities that the mistake made a difference in your case’s outcome.

The judge will not change the lower court’s ruling if you verify that the legal error was biased.

Grounds to Appeal Your Conviction

The odds of appealing a conviction depend on how strong your arguments are. Some grounds you and your attorney can use include the following:

1. False Arrest

The appellate court can overturn your case if the arresting police did not have the authority to apprehend you. It means if the law enforcer:

1. did not have probable cause during your arrest,
2. did not have an arrest warrant, or
3. Broke search and seizure law,

then, you can use the false arrest as a basis for your appeal.

2. Prosecutorial Misconduct

Suppose the prosecution engaged in dishonest conduct or tried to convince the court or the jury by using improper methods, and the acts were so biased that the judge could not rectify the situation. In that case, you have a right to another trial.

Please remember that it is insufficient that the prosecution behaved unethically; their conduct should have resulted in prejudice.

3. Sentencing Errors

Before a judge punishes a defendant, they should follow sentencing hearing guidelines. When the judge ignores these rules, they impose an illegal sentence. Suppose your attorney can persuade the California Appellate Court that the judge imposed an illegal sentence. In that case, the court can overturn your case and order the trial judge to sentence you appropriately.

4. Ineffective Assistance of Counsel

Your defense lawyer can also commit a legal error. You have a right to a new trial after verifying that:

1. The attorney was incompetent and
2. Their performance violated your entitlement to a fair trial under the 6th Amendment to the U.S. Constitution.

Frequently Asked Questions

Below are some of the commonly asked questions that the knowledgeable and experienced legal team at the Law Offices of Anna R. Yum has repeatedly answered.

1. Can You Face Other Criminal Charges if Your Check Bought Things?

Yes.

You could face grand theft charges under PC 487 if you use a check with inadequate money to buy goods. Nevertheless, the court cannot convict you of grand theft and writing a bad check for the same behavior.

2. Do You Have to be the One Who Wrote and Signed the Check to Face Criminal Charges?

While the individual who prosecutors usually charge with passing a bad check is the one who signed it, you can also face charges if you knowingly passed it on or approved it.

3. Can You Be Charged with a Separate Criminal Count for Every Check If You Use Several Checks?

The prosecutor can charge a separate count for every check when the amount is above $450. Nevertheless, suppose a single check does not exceed $450, and the crime is a felony because the entire amount is above the required amount. In that case, the prosecutor will charge one felony count for all checks.

If the California felony charge is based on previous forgery-related convictions, the prosecutor can charge every check as a separate felony count.

Find Qualified Legal Representation Near Me

It could seem harmless to write a check as a mode of payment for services or goods for more than you can afford and get away with it. However, the law considers it a crime of deceit or dishonesty, and prosecutors aggressively charge it. The offense carries severe penalties, and you should not gamble with your freedom, rights, and future. The Law Offices of Anna R. Yum can stand with you every step of the way.

Call us at 619-493-3461. Our non-judgmental, San Diego legal team is available 24/7 and can offer free initial consultations. We can listen to your side of the story, review your case facts, develop legal defenses, and determine the way forward.