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 Forgery/Bad Check |
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 Forgery/Bad Check
Bad Checks
Under California's Bad Check Law, a person who has written a check to another person or business can be ordered to pay the original amount of the check plus additional service charges if the bank returns check due to insufficient funds, within legal limitations.
California Civil Code section 1719 allows the recipient of a bad check to claim three times the check’s amount, up to $1,500, in civil court plus the collection of the check itself, including court/mailing costs. Additional criminal punishment includes as much as 12 months in county jail for a first offense of less than $200.
Forgery
Forgery is defined as: |
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A deception intentionally perpetrated in order to acquire unjust or illegal gain. |
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A trick |
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A cheat or an impostor |
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Forgery/Bad Check Penal Code Section 470
To be found guilty of forgery, California Penal Code Section 470 states, in pertinent part, that every person who, with the intent to defraud…
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- ”Knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d).
- Counterfeits or forges the seal or handwriting of another.
- Alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court,
- Falsely makes, alters, forges, or counterfeits, utters, publishes, passes or attempts or offers to pass, as true and genuine, any of the following items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: any check, bond, bank bill, or note, cashier's check, traveler's check, money order, post note, draft, any controller's warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, receipt for money or goods, bill of exchange, promissory note, order, or any assignment of any bond, writing obligatory, or other contract for money or other property, contract, due bill for payment of money or property, receipt for money or property, passage ticket, lottery ticket or share purporting to be issued under the California State Lottery Act of 1984, trading stamp, power of attorney, certificate of ownership or other document evidencing ownership of a vehicle or undocumented vessel, or any certificate of any share, right, or interest in the stock of any corporation or association, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release or discharge of any debt, account, suit, action, demand, or any other thing, real or personal, or any transfer or assurance of money, certificate of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal; or any matter described in subdivision (b).”
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If you have been accused of forgery in the state of California, you could likely face incarceration in a state prison or a county jail for not more than 12 months. This indicates that a District Attorney is free to charge you with a felony or a misdemeanor. The sentence is governed by the amount of money in question and whether the defendant has any previous convictions of the same or similar offenses.
In all forgery/bad check cases, whether the victim suffered any monetary loss is almost completely insignificant. Making payment of the check later or otherwise making compensation to the victim(s) involved does not prevent you from being charged. What does matter is that you find an attorney who is well versed in California forgery/bad check law, and that a strong defense is pursued. Do not give up your rights contact the Inland Empires’ premier Forgery/Bad check attorney. Rizio & Nelson is the right forgery/bad check lawyer to help you defend yourself. We are available 24 hours a day, 7 days a week to assist you.
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Attorneys on Call 24/7: 951-271-7904 |
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