Passing a bad check could result in either misdemeanor or felony charges, so the penalties for a conviction will vary.
This crime is a wobbler, which means that the prosecutor will look at the value of the bad check, your criminal history and the circumstances of the offense.
Those who would like to cash a check knowing the account doesn’t have enough funds may also be breaking regulations.
Any action affecting check fraud that results in someone else’s loss of assets or property is a breach of regulations.
Someone who’s convicted of a misdemeanor on the other hand, can face a year of incarceration or punishment.
A case may additionally filed by a payee after giving the payee a opportunity to pay the total sum and a service charge of the check for for each triumphing bad check. Payday loans that use checks will not be insured under the bad check law in California — These loans are made and approved with full knowledge the payer may not be financially capable of paying the loan during the processing period.
Punishments for individuals convicted of felony check fraud contain as much as three years of incarceration and/or plus fines.
A check is considered "bad" if it has been written by a person who knows 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are insufficient funds to cover the entire amount of the check, or if it is cancelled by the writer before it can be withdrawn by the receiver.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 criminal offense, and it is recommended that you contact a Los Angeles criminal defense lawyer if you have been accused, arrested, or charged with the crime.
If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act.
The loss may include damages for dishonor of subsequent items under Section 4-402.
Deceiving someone else or deliberately perpetrating fraud is considered a crime.