Check fraud accusations can attract severe penalties for anyone found guilty, as the offense involves presenting wrongful information for unlawful gain. By engaging in fraudulent activity, you violate statutory laws under the Penal Code that will result in a trial and possible conviction. Upon learning of your check fraud charges, you must assess your options and establish whether you need additional guidance.
Specific details to inquire about include the case facts and the circumstances resulting in your prosecution. As a first-time accused person, you are better positioned to navigate your trial with a criminal defense attorney’s help. They guide you through the process by obtaining relevant details to support your defense. Partnering with an experienced lawyer is advisable, as their input in your case can significantly raise your chances of a favorable outcome.
At California Criminal Lawyer Group, you will receive high-quality legal services from skilled criminal attorneys ready to handle your case. Our experience handling multiple check fraud cases has equipped us with the necessary expertise to prepare a solid case and provide valuable pointers. We are also keen to provide legal solutions tailored to your needs, increasing your chances of a favorable outcome. Our services are available to anyone facing credit fraud accusations in Bakersfield, California.
What Check Fraud Involves
Check transfers are among the various ways to transfer money, allowing the sending party to authorize transactions into their account. Since check transfers involve filling out details and signing the document, you must present the original information, including the account owner’s signature. Additional details include transferring the amount in numerals and words to avoid confusion.
Based on the need to undertake check transactions manually in most cases, offenders may prey on the mode of transfer to commit check fraud. The offense is prohibited under Section 476 of the California Penal Code, which classifies any action to use a fraudulent check for unjust gains as a wobbler offense.
The prosecutor may file a check fraud case against you provided they receive sufficient evidence linking you to any attempted forgery or publication of a fabricated check. As the primary suspect, they must source evidence showing your direct participation in crime, including sourcing fake checks or falsifying the details.
Check fraud is a wobbler crime, resulting in either misdemeanor or felony charges. The prosecutor varies your charge based on the nature of your offense and the amount of money you intended to defraud. Parties responsible for accessing large amounts of money will likely face felony charges, exposing them to harsher penalties. Working with a skilled criminal attorney from the beginning of your trial is essential to helping you counter the prosecutor’s case.
Elements of Crime for the Prosecutor to Prove
All criminal cases require the prosecutor to prepare a case against the accused and provide sufficient evidence to show your involvement in the offense. Additionally, the prosecutor must adhere to the imposed standard of proof necessary in criminal cases, which involves showing the offender’s guilt beyond a reasonable doubt.
Based on the existing legal requirements, the prosecution team partners with several departments, including the investigation officers, to obtain evidential sources that may strengthen their case. Further, they work closely with the aggrieved parties to obtain the details of the alleged check fraud ahead of trial.
As the defendant, you can expect the prosecutor to prepare their presentation based on each crime element. You are better positioned to follow the case and present solid defenses if you anticipate the prosecutor’s approach. Based on this, the following are the main elements of check fraud that the prosecutor must prove:
You Possessed a Falsified or Altered Check
Possession of a fake or altered check signifies your intention to use it at a future time, so this element forms the foundation of the prosecutor’s presentation. They must establish that you had the falsified check within your control, which may be valid in various scenarios.
For example, if you had the check on you during arrest, you would own it, and the prosecutor’s argument is justified. Having the check on your person means you had it in your pocket, purse, or any other accessory closely linked to your body. Possession extends to control, even if you do not have the check nearby. For example, if the check was in your house or office, it also amounts to possession.
The prosecutor may present evidence from a search and seizure, provided they obtained the evidence legally. A legal search and seizure requires the officers to present a search warrant before collecting the alleged fraudulent check. Other sources include police reports, surveillance footage, and witness statements to justify your possession.
Some cases do not require the prosecutor to demonstrate your check's possession. Instead, they may demonstrate your participation in creating the falsified check for illegal use. For example, if the prosecutor can show similarities between the handwriting on the check and your other documents, they can establish your direct involvement.
Further, the prosecution team should show that the check you possessed was falsified, altered, or fictitious. They may do this by comparing an original document to the current check and identifying the differences that make it altered. For example, if the logos vary, it may indicate the inconsistencies that attract check fraud charges. Additional features may include differences in signatures or differences in the authorizing signature.
A fictitious check is identifiable by checking the serial numbers through the verification system and establishing whether the receiving bank recognizes it. Doing so is often straightforward, as the investigating officers can liaise with the bank for verification. Afterward, the prosecutor receives the details for use against you.
You Used or Attempted to Use the False Check
Possession of a fake, falsified, or altered check should also translate to your intention to use it or an attempt to use it in a check fraud case. The prosecutor focuses on showing that you wanted to cash in the fake check to obtain the amount indicated illegally. Doing so amounts to fraud, contrary to the Penal Code provisions, and the prosecutor builds their case on this argument.
Establishing that you used or intended to use the fraudulent check can be smooth for the prosecution team as long as they have the requisite evidence. For example, if you approached the bank and presented the check expecting to receive the money, it amounts to an unlawful action. Similarly, attempts to use the check qualify to attract criminal charges, as you will have acted out of malice.
The prosecutor is not obligated to show that your use or attempted use resulted in losses for the victim. They can still present their case and succeed if they establish your criminal intent. Information on the nature of your actions is available from witness testimonies, footage, and reports regarding your fraudulent actions.
You can expect the bank teller or other personnel authorized to handle checks to appear as prosecution witnesses. They often play a significant role in strengthening the prosecutor’s position, as they have details on how you approached them and the narratives you gave them to persuade them.
Additionally, the defense attorney may request that the bank provide footage showing any activity you engaged in during your visit to the bank. If the evidence demonstrates your attempts to falsify or present a fictitious check, it can be persuasive to the judge or jury and result in incarceration. However, your defense attorney can also prepare defenses to counter the prosecutor’s accusations by presenting a new perspective to justify your position.
You Knew the Check Was Fake or Altered
Having prior knowledge of the invalidity of your check is critical for the prosecutor, as it further solidifies their position that you intended to defraud. Knowing that the check was altered, contained invalid information, or was altered may involve different approaches depending on the circumstances of the circular case.
The court considers a check fake if it is linked to a closed or fictional bank account. Arrested parties use banks facing insolvency, fictitious banks overseas, or other recently closed banks to pass the check as legitimate. Additionally, a check is fake if the authorizing signatory does not exist or their estate is managed by someone else because they are deceased.
The prosecutor assesses the documentary and circumstantial evidence sources to help them build a strong argument, so you can expect them to present details on any activity you engaged in before presenting the check. For example, if you studied another party’s signature, the prosecutor may use the details to show that you intended to forge it during the check fraud.
Similarly, if witness testimonies are available to provide details about your demeanor when you presented the check, it may be enough evidence for the prosecutor. For example, if you appeared shifty or fidgety when presenting the bank for cashing, your body language indicates that you knew of its irregularities.
Knowledge is also evident through your various exchanges with other parties, especially if they were your accomplices. For example, text messages, check images, and other incriminating exchanges found on your phone are sufficient to prove the element of crime. Despite this, the prosecution team must obtain the sources lawfully to promote a fair hearing. If not, your attorney can help you raise a defense based on illegally obtained evidence to invalidate it and promote your chances of a favorable case outcome.
You Intended to Commit Fraud Against an Unsuspecting Victim
A criminal intention to defraud the victim forms an important part of the prosecutor’s case, and the prosecutor thoroughly reviews the case facts to ensure they present the point. Criminal intention involves committing fraud, so the prosecutor must demonstrate that you planned your fraudulent operations.
Fraud involves presenting false or misleading information to an unsuspecting person and influencing them to give you access to money or property unlawfully. Their reliance on the information you provided shows that they believed you and that you defrauded them. Each case presents different facts, so the prosecutor finds evidence relevant to your situation.
For example, if you pretended to be unaware that the presented check was fictitious, hoping it would be acceptable, the prosecutor could focus on your presence. Having to act differently indicates that you knew of your wrongdoing and intended to cover it up.
Alternatively, the prosecutor may infer your intention to commit check fraud based on your actions after presenting the check. If you tried to confuse the receiving party by giving them too much unverifiable information, the prosecutor might argue that you tried to deflect them.
Other instances include practicing the victim’s signature multiple times to use it unlawfully or creating false details in a spreadsheet for future use. The prosecutor will request the supporting documents and images in due time for use as evidence against you.
Defenses for Committing Check Fraud
After the prosecutor concludes their presentation, you can present your defenses to counter their arguments. The defense hearing plays a significant role in the case's outcome, and you will likely present pivotal information during this process. Taking the defense hearing session seriously is essential to increasing your chances of a successful case outcome.
Your criminal defense attorney guides you through the most suitable defenses to consider, and you need to provide any information or evidential sources accessible to you in preparation. Working closely with your attorney improves the quality of the defenses you raise, allowing you to introduce reasonable doubt in the prosecutor’s case.
Although not all defenses apply to your case facts, the following are some arguments to consider:
You Did Not Know That the Check was Invalid
You may counter the prosecutor’s position by stating that you were unaware of the fraudulent nature of the check, meaning that you did not play any part in the fraud. Your justifications revolve around the circumstances leading up to the case, and your defense attorney will encourage you to source all relevant evidence to support your case.
For example, if the check-in question was sealed in an envelope, you may argue that you wanted to maintain the owner’s privacy and only transported it to the bank on their behalf. Alternatively, if you are unfamiliar with check transactions, you may argue that you were simply performing your delivery duties and were unaware that the check was for fraudulent use.
Since this defense involves denying the prosecutor’s argument based on your involvement in the crime, you must support your position with evidence. For example, you can present the sealed envelope that contained the check to show that you did not open it before handing it to the receiving party. You can also call on a witness to certify that your knowledge of checks is limited, making you an unlikely party to the fraud.
You Did Not Intend to Defraud
Presenting a defense that you did not intend to defraud can also be beneficial for your case, especially if you presented or used the check on a third party’s behalf. For example, if you are an employee in a company with planned fraudulent undertakings, you can present this position and support it with your employment contract details and the specific instructions you received to use the check.
You can also show your lack of criminal intention by demonstrating that you worked under duress under a malicious third party’s order. If your case involves duress, you should establish that you genuinely believed you would be in danger if you failed to meet the perpetrator’s orders. For example, you can ignore any threatening texts you receive, forcing you to present the check on their behalf or risk your safety. You should also demonstrate to the court that the perpetrator used you as a decoy to avert legal responsibility for the fraudulent check.
You Had consented to changing the Check
Sometimes, investigation officers may miss important details like existing consent to alter a check during their procedural checks. Due to this, they may impose a criminal charge unfairly, resulting in the present trial. You can avert criminal liability if you demonstrate that the signatory party allowed you to alter their consent. The best evidence to support your position is a written consent document signed by the check owner.
Penalties for Committing Check Fraud
Anyone facing check fraud charges is subject to the prosecutor’s charge assignment based on their assessment of your case circumstances. Check fraud is a wobbler offense, meaning you may face misdemeanor or felony penalties.
The prosecutor determines the most suitable charges to assign in your case by weighing several factors closely linked to your case. For example, if you are a repeat offender, you are more likely to face felony charges because you will have demonstrated your inability to reform and learn from your first conviction. Repeat offenders are also subject to harsher charges and penalties based on sentencing policies, resulting in a felony check fraud charge.
Additionally, the prosecutor will assess the amount of money you intend to defraud the victim of using a fraudulent or fake check. Parties who pass off a fraudulent check for high figures are more likely to face felony penalties. In contrast, those intending to defraud for less than $1000 may face misdemeanor penalties.
Running an organized fraud syndicate is also a valid reason for the prosecutor to charge you with a felony, eventually attracting a felony penalty. If the investigation officers uncover other accomplices in your case, you can expect your trial to proceed as a felony. On the other hand, working alone may attract more lenient penalties under a misdemeanor sentence policy.
By understanding the possible charges, you will learn about the specific punishment you will receive during the sentencing hearing. As a misdemeanor offense, check fraud results in a jail sentence of up to one year in county jail or a fine payment of up to $1000.
The judge may also sentence you to summary probation as an alternative to serving jail time. If so, you will report directly to the presiding judge, who will assess your progress toward correcting your behavior. During the summary probation, you must perform community service, pay restitution, attend all court sessions, and commit to other court-issued obligations. After completing your probation term, the judge will close your case, and you can apply for expungement.
As a felony offense, check fraud results in a jail sentence of up to three years or a fine payment of up to $10,000. Like misdemeanor sentencing, the presiding judge may also issue felony probation terms instead of serving your time in jail if they are convinced of your ability to change.
Based on this, you can expect to receive probation mandates similar to those issued in a misdemeanor case. For example, you will pay restitution to the aggrieved parties and attend mandatory community services. However, you report to a probation officer for felony probation sentences instead of having direct court access. Mandatory check-ins with your officer thus form part of the obligations to meet.
Immigration consequences are also common for convicted people, especially non-citizens. The judge may order your deportation for committing check fraud, giving you limited time to remain in the country. Further, you may receive an ‘inadmissible’ status that prevents you from returning to the country for a restricted period or your lifetime. The order may be detrimental, especially if you have already established a life and career in the United States. Nevertheless, your attorney can help you navigate your immigration options, including an appeal to the decision.
Contact a Criminal Defense Attorney Near Me
When facing check fraud accusations, you must understand the elements of crime related to the offense to help you prepare a solid defense. Among them is the deliberate presentation of false or modified checks you intend to pass off as legitimate.
Check fraud also often involves fraud, making it essential to understand the possible strategies that the prosecutor may apply to persuade the court of your guilt. As an accused party, you need to familiarize yourself with the criminal trial process, and you can do so by working closely with a trusted defense attorney. Partnering with a lawyer gives you a smoother trial experience, as they will take charge of your case and work towards presenting persuasive defenses.
At California Criminal Lawyer Group, we provide excellent legal services tailored to your specific case needs. Our team has also undergone intense legal training to ensure they understand the essential elements to consider when handling criminal cases. Therefore, You can count on us to help you defend against check fraud accusations, making persuading the judge and jury of your innocence easier. You can also consult our team on technical matters related to your case to better understand the criminal process, especially if you are a first-time respondent. If you or a loved one requires criminal defense services against check fraud accusations in Bakersfield, California, call us today at 661-750-8230.
