Legal Question in Criminal Law in California
Cashing Fraudulent Checks
My 20 year old son cashed 3 Fraudulent checks for a total of $5000, he did it a friend and received $300 for it. He has a totally clean record, is a high school grad and currently works 2 jobs. The police officers said to go with a public defender because they have more experience with these cases and due to his clean record it will probably be reduced to a misdemeaner with restitution fees and probation. Is it a good idea to go with a public defender and if not how do I know if the lawyer I pick is really competent?
4 Answers from Attorneys
Re: Cashing Fraudulent Checks
Most public defenders are competent, skilled, dilligent and highly professional. They are also badly overworked and thus don't have as much time to give each client as would a good private attorney. The amount of time a lawyer puts into a case matters, so it is usually better to get a private defense lawyer if at all possible.
If you can afford a private lawyer for your son you should probably get him one. Cutting corners here can have serious and lasting consequences.
At the same time, not all private defense attorneys are good. Some won't even give their clients more time than a P.D. would. Finding the right lawyer can be difficult, My suggestion is to use any personal contacts you may have with lawyers; such networking may lead you to a much better choice than you would have been able to find on your own.
You can also check the State Bar's website (www.calbar.ca.gov) for a list of certified specialists in criminal law. These lawyers have demonstrated their competence through experience and testing. On average they will charge more than non-certified lawyers, but you are much more likely to be satisfied with the work of a certified specialist than with that of a typical defense lawyer.
Re: Cashing Fraudulent Checks
Best strategy is to take the time to talk to several lawyers to get a sense who is honest, realistic and will work hard for you. Most of the time consultation will be free. Your son is facing serious charges and how the case will get resolved will have consequences for his future. Get a private lawyer who will be able and willing to put in the necessary time and effort.
Jacek W. Lentz
310.273.1361
Re: Cashing Fraudulent Checks
Public defenders are competent but overworked. Look at my website. If you like what you see give me a call.
Best of luck
Re: Cashing Fraudulent Checks
For starters, working two jobs probably means he doesn't qualify for a Public Defender, and will need to hire private counsel. Regardless, PD's are generally quite competent, but always busy. If he needs his hand held with lots of personal attention, he shouldn't expect to be satisfied, since he will see the PD only at court for a few minutes on the day of appearances.
There is no sure way to find private counsel, but he should trust his instincts when meeting with them. He should get his questions answered and be satisfied they are giving realistic answers. No attorney can honestly promise the charges are going to magically disappear; they won't. He faces serious charges and potential jail time, and his only options are to negotiate a plea bargain or go to trial. A good attorney can usually get a reasonable bargain, if the facts support it, and if the prosecutor isn't trying to make an example of him. A clean record helps, but the conspiracy on multiple checks hurts. Having private counsel helps, by showing he has already suffered 'pain and punishment' through paying fees. Private counsel can also help by negotiating a 'civil compromise' and repayment to the defrauded merchants.
Feel free to have him contact me if serious about getting the legal help he'll need. I've been doing this successfully for over 30 years.
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