Legal Question in Criminal Law in California

Re: check fraud

I would hire an attorney to go with you to court for your arraignment. It is always a good idea to have assistance in an unfamiliar situation.

That being said, the court is unlikely to put you in jail at your arraignment since you were released from jail at an earlier date. If they wanted you to be in jail the courts would not have let you out.

Secondly, just because the credit union does not want to press charges does not mean that the DA will not prosecute you. If there are charges brought against you I would have your attorney contact the credit union and have them enter into a "civil compromise" with you. Hopefully when that is agreed upon the DA will dismiss the case against you.

You can expunge criminal convictions from your record if they are qualifying offenses. Some offenses do not qualify to be expunged. However, I believe your offense would qualify.

If you need further assistance feel free to contact me. Best of luck.

Re: check fraud

It looks like you were released on own recognizance (so-called O.R. which means no bail required). It is possible that the DA and the judge might demand that bail is set at your arraignment on May 6th. Your lawyer would have to argue that continued O.R. release is proper in your case. If bail is set, you will go to jail unless you have arranged for someone or bondsman to post bail for you.

I strongly recommend you retain a private lawyer prior to your first court date. A lawyer could intervene in your case right away and perhaps convince the DA to drop charges. Alternatively, you can get a public defender appointed at the time of your arraignment. The advantage of having a private lawyer is involved is the work he/she could do beforehand. A public defender will not intervene to have the charges dismissed. He/she will be available to you only if you are charged.

Call a couple of lawyer to get a sense of who might be right for you.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com