Bad Checks

Penal Code 476a

Writing Bad Checks

A check is considered “bad” if it has been written by a person who has knowledge that there are insufficient funds to cover the entire amount of the check, or if it is cancelled by the writer before it can be withdrawn by the receiver.  Writing bad checks is a serious offense.  If you have been arrested or charged with writing a bad check, you should contact Damian Siwek, an experienced Los Angeles criminal defense attorney, at DCS Defense to schedule a no-cost confidential consultation to discuss your legal options.

California Penal Code Section 476(a) pc states that writing a bad check can be charged as a misdemeanor or a felony (aka a wobbler), depending on the circumstances surrounding the offense.  If prosecutors are to successfully convict you, they must be able to prove that there was a lack of sufficient funds at the time you wrote the check, and that you were aware of the deficiency, and acted with the intent to defraud.

The penalties for a conviction vary, with a misdemeanor charge carrying up to 1 year in county jail, and a felony charge carrying up to 3 years in state prison.  Civil penalties may also be accessed under California Civil Code Section §1719.  This requires that you pay the full amount of the check to the victim, as well as a statutory service charge or penalty charges.

Legal Help for Bad Check Cases in Los Angeles

Criminal charges are a serious matter that must be addressed immediately.  DCS Defense will provide you with swift and aggressive support that is intended to bring about the desired result in your case.  Through our efforts, we may be able to have your charges reduced, or eliminated completely.

For aggressive and effective representation against bad check charges, including a free confidential consultation, contact Los Angeles criminal defense attorney Damian Siwek at DCS Defense.