Bad Checks | Penal Code § 476

Description

Bad Checks charges are initiated when a person makes, passes, utters or publishes, with intent to defraud any other person, any fictitious or altered bill, note or check. If convicted the defendant is guilty of Forgery. Only attempting to cash Bad Checks is sufficient to warrant charges. The passing of Bad Checks must be intentional, and informing the payee of insufficient funds or good faith errors can circumvent criminal charges. In addition to checks passed on real accounts with insufficient funds, the Bad Checks section of California law deals with “”fake”” checks that may or may not be linked to an actual account. Examples of incidents which could trigger Bad Checks charges are writing a check on an account you know has no funds or you alter the account number on a check with the intent to defraud the payee.

What does the prosecutor have to prove?

1. Defendant made, passed, uttered, or published a fictitious or altered bill, note, or check purporting to be the bill, note, or check, or other instrument in writing for payment of money or property of a real or fictitious financial institution as defined in Penal Code Section 186.9. or
1. Defendant attempted to pass, utter, or publish a fictitious or altered bill, note, or check purporting to be the bill, note, or check, or other instrument in writing for payment of money or property of a real or fictitious financial institution as defined in Penal Code Section 186.9. or
1. Defendant had in his or her possession a fictitious or altered bill, note, or check purporting to be the bill, note, or check, or other instrument in writing for payment of money or property of a real or fictitious financial institution as defined in Penal Code Section 186.9.
2. Defendant did so with the specific intent to defraud.
3. The value of the forgery is more than nine hundred fifty dollars ($950.00).

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No