Legal Question in Criminal Law in California

Re: bad check

You have not asked a question. You have stated some facts but not a lot of facts. First what did you write the check for? Did you know there were insufficient funds in your account at the time you wrote the check? Was your intent to deceive and steal the property or services you wrote the check for? Have you ever been convicted on any other theft crimes before and if you have how long ago and what were crimes?

Generally California Penal Code, Section 476a covers making or delivering a check with insufficient funds. It provides that if at the time the check was written you knew there were not enough funds in the bank to cover it and it was over $200.00 you could face either time in county jail or time in prison. However, when the amount exceeds $400.00 the crimes changes from a misdemeanor to a felony. California Penal Code Section 487(b)(3) provides when the value amount is $400.00 or more the crime becomes grand theft. However the DA can also add other charges regarding fraud and misrepresentation. It just depends on the circumstances and specifics of your situation.

I would suggest if you are questioned by the Police or they ask you to come in for questioning that you immediately understand they are not questioning you for any other reason than to gather evidence against you. You also should not speak to them under any circumstances without your lawyer present. They will do everything they can to get you to trust them so you will talk with them. However, at that point in time they are not your friends. Do not speak to them, except to ask for your attorney, under any circumstances without your attorney present. The best possible answer you can give them is to say "officer I would be happy to speak with you as soon as my attorney is present."

I would suggest seeking out the advice of private counsel before the charges are brought against you. If you do not know any criminal attorneys or anyone who has any contacts with criminal defense attorneys call the local county bar association and ask for a referral to an attorney. Good luck.