Legal Question in Criminal Law in California

Re: Non sufficient checks

I assume this is related to an earlier question about check fraud where you asked if had to show up if charges were going to be dropped.

The credit union doesn't decide to file or drop charges. That is up to the DA to decide. If the DA thinks they have a provable case, they can file, even if the victim wants to "drop charges." If you have paid whatever fees are due and made good on the check, it will probably help you in resolving the case, but it may not mean that the case won't be filed. An attorney may be able to negotiate on your behalf to convince the DA not to file charges in the first place or to dismiss them if they are filed.

Many factors come into play, though... your past record, the amount of the checks, the number of checks, etc.

A public defender will not get involved in pre-filing intervention. They only get appointed once a case is filed. If you want an attorney to try and persuade the DA not to file or to negotiate with the credit union, you'll need to hire one on your own.

Re: Non sufficient checks

The charges can be dropped, but you have to do it right. It is called a "civil compromise" and in exchange for the payment, you have to get them to write a letter to the Court stating that they have been fully reimbursed and that they are in agreement with the case being dropped pursuant to Penal Code Section 1377 and 1378. It would be best if you had a lawyer handle that so you don't make statements to the Credit Union that can be used against you later.

Re: Non sufficient checks

At this point, it is not the credit union that decides whether the charges will be dropped - the DA is. That said, paying what you owe might go a long way towards helping your case and will put you in a good light no doubt. Who knows - maybe the DA will decide not to file against you indeed.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com