According to California Penal Code 476a it is illegal to make, attempt to make, write, pass, and attempt to pass, posses, use or attempt to use an altered, fake or forged check in order to defraud another person or businesses.
Prosecutor must establish the following element to prove that the defendant is guilty of passing bad checks:
Attempt to use a check means representing it as a genuine or real. The representation or statement can be made by conducts or words and can be made directly or indirectly.
The prosecutor must prove the defendant’s intentions to defraud the recipient of the money or other property. Defendant doesn’t necessarily must be successful in his attempt to be considered guilty.
Some legal defenses to Penal Code 476a are as follows:
In case the defendant didn’t willfully write, deliver or attempt to use a bad check, he can’t be found guilty for violating PC Section 476a. Thus if the defendant only wrote or delivered the check because he was coerced into doing so by fraud or threats of violence then he hasn’t willfully violated California’s bad checks law.
A conviction for this offense cannot be obtained in case the defendant can prove that he had reasonable knew he had an overdraft protection or honestly believed he had enough funds to cover the check.
If you or a loved one have been arrested or charged for Penal Code 476a Writing or Passing Bad Check and seek aggressive defense, we invite you to contact our Glendale criminal defense lawyer for a free consultation.
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