Legal Question in Criminal Law in California
Re prosecution for writing Bad Checks
My boyfriend wrote a couple bad checks a few years ago, for several hunded dollars total. He now owes a little less than $500.00 There is now a warrant for his arrest and he is facing criminal charges. He has asked for a court date. Can anyone tell me what he is likely to face? I'm sure he'll have to pay fines and the amount owing, but will he have to go to jail? What type of a crime is this and will it go on his record? He's not a bad person, he just isn't very good at managing his money. I appreciate any advice you can give! Thank you.
1 Answer from Attorneys
Re: Re prosecution for writing Bad Checks
It's a misdemeanor. Usually, courts/prosecutors offer a "bad check diversion program," which allows him to avoid jail, and avoid a conviction appearing on his record. I don't think he's a bad person. However, writing checks without the funds to cover them, regardless of the best intentions, indeed is a crime, resulting in a conviction if proven. Like any other crime, however, there are potential defenses. The mere fact that the checks "bounced" does not necessarily mean he will suffer the conviction, or even that he is factually guilty. If he is not offered a diversion program, I would consult with an attorney, either private or a public defender, before proceeding. There is much at stake, as with any criminal charge.
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