California Fraud Defense Lawyers

What You Need to Know About Check Fraud, Bad Check and Forgery Cases

California's law against forgery (Penal Code 470) covers several acts related to misrepresenting yourself in a financial transaction. You can be charged with forgery for:

• Intending to defraud someone by knowingly signing another person's name, or a made-up name, to any legal document (which includes a check);
• Intending to defraud someone by knowingly giving them a false check or other financial document, counterfeit money, a false lottery ticket, forged legal documents or a false driver's license or identification;
• Or writing a bad check -- "making, drawing, uttering or delivering" a check or other bank draft when you know there isn't enough money in the account to cover it.

Under the law, it doesn't matter whether the alleged victim was actually defrauded. It also doesn't matter whether you later paid back the alleged victim or made other restitution. The prosecution only must prove that you intended to defraud him or her. Fortunately, that intent isn't always easy to prove. The California Fraud Defense Lawyers at Wallin & Klarich has a solid record of defending forgery cases, reducing charges and limiting the penalties.

People accused of passing a bad check are eligible to enter a bad check diversion program instead of serving jail time. The program varies according to which county you were arrested in, but generally participants will be asked to make full restitution to their victims, including any collection fees, and attend a class designed to teach them better financial skills. If you complete the diversion program successfully, the bad check conviction will never be on your record, and it will not count as a prior conviction in any future criminal case.

Other types of forgery can be charged as either a felony or a misdemeanor in California, depending on the circumstances and any prior convictions. A felony conviction carries prison time, whereas a misdemeanor carries up to a year in county jail. If the check involved was for less than $200, you will generally be charged with a misdemeanor. In defending felony forgery cases, the first priority of Wallin & Klarich attorneys is always to look for ways to reduce the charge to a misdemeanor or reduce your punishment from prison time to probation. If you're facing jail time, we will work to change it to a work-release program, community service or electronic monitoring. Call us today to speak with a legal professional for free about the specifics of your case.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing check fraud or forgery charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today.

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