Bad Checks/Insufficient Funds (Penal Code Section 476a)

A “bad checks” case generally refers to a violation of Penal Code Section 476(a) which makes it a crime to pass a check when you do not have enough funds in your account to cover the check. In order to prove this case the Prosecution must show that the action was willful and deliberate. An accounting error or simple mistake would not be a violation of this code section regardless of the amount of the check. The District Attorney will sometimes agree not to file charges if compensation is rendered to the victim. Penal Code Section 476(a) can be charged as a misdemeanor which exposes the Defendant to a maximum of one year in jail or as a felony which exposes the Defendant to a maximum of 3 years in prison. In addition, for high dollar amounts the maximum time in prison can increase as an enhancement under the penal code.

 

Contact Orange County criminal defense attorney Katie Walsh for help with bad checks and insufficient funds or any other criminal matter.