Legal Question in Criminal Law in California

Re: check fraud

I don't know why you think the charges are going to be dropped. That is a decision for the prosecutor, not for the victim.

Unless and until you receive formal notice that the case against you has been dismissed and/or that the hearing has been taken off the calendar or rescheduled, you should plan to show up.

You should also get a lawyer -- and pay her with a real check.

Re: check fraud

I'm not sure how you're confident there will be no case filed, but . . .

If there is no court case filed on the day you are scheduled to be arraigned, then there's no harm, no foul. If your information was correct and no charges were filed, then showing up won't matter. Of course, if your information was wrong, there is a case filed and you don't show up, a warrant will go out for your arrest and whatever bail was posted will be ordered forfeited.

The best course of action - either hire an attorney to monitor the situation for you and advise you based on reality and not assumptions or go to court - just in case.

Re: check fraud

You really need to make sure that charges are going to be in fact dropped. They are not dropped until the DA gives you a slip stamped/signed "Rejected." Otherwise, I suggest you show up in court on your designated date with a lawyer. If you assume charges were dropped and the complaint in fact has been filed, this would mean a warrant and increased bail.

If you think you have good grounds for having charges dropped you might be well served by getting a lawyer involved to make sure that it indeed happens. Under no circumstances you should engage in any discussions with the investigators or the DA. Their goal will be to trip you up and have you incriminate yourself.

I have been in too many situations where a client's assurance that charges will be dropped turned out to be mere wishful thinking. I sincerely hope that will not be the case with you.

Wishing you the best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com