California Fraud Defense Lawyers

What You Need to Know About Check Fraud, Bad Check and Forgery Cases

California’s law against forgery (Penal Code 470) covers several acts related to misrepresenting yourself in a financial transaction. You can be charged with forgery for:

• Intending to defraud someone by knowingly signing another person’s name, or a made-up name, to any legal document (which includes a check);
• Intending to defraud someone by knowingly giving them a false check or other financial document, counterfeit money, a false lottery ticket, forged legal documents or a false driver’s license or identification;
• Or writing a bad check — “making, drawing, uttering or delivering” a check or other bank draft when you know there isn’t enough money in the account to cover it.

Under the law, it doesn’t matter whether the alleged victim was actually defrauded. It also doesn’t matter whether you later paid back the alleged victim or made other restitution. The prosecution only must prove that you intended to defraud him or her. Fortunately, that intent isn’t always easy to prove. The California Fraud Defense Lawyers at Wallin & Klarich has a solid record of defending forgery cases, reducing charges and limiting the penalties.

People accused of passing a bad check are eligible to enter a bad check diversion program instead of serving jail time. The program varies according to which county you were arrested in, but generally participants will be asked to make full restitution to their victims, including any collection fees, and attend a class designed to teach them better financial skills. If you complete the diversion program successfully, the bad check conviction will never be on your record, and it will not count as a prior conviction in any future criminal case.

Other types of forgery can be charged as either a felony or a misdemeanor in California, depending on the circumstances and any prior convictions. A felony conviction carries prison time, whereas a misdemeanor carries up to a year in county jail. If the check involved was for less than $200, you will generally be charged with a misdemeanor. In defending felony forgery cases, the first priority of Wallin & Klarich attorneys is always to look for ways to reduce the charge to a misdemeanor or reduce your punishment from prison time to probation. If you’re facing jail time, we will work to change it to a work-release program, community service or electronic monitoring. Call us today to speak with a legal professional for free about the specifics of your case.

At Wallin & Klarich, we approach every case with the belief that the person we’re defending could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing check fraud or forgery charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a legal professional today.

More California Fraud Information

• Forgery Overview
• Forgery Prosecution
• Forgery Defenses
• Forgery Sentencing
• Forgery FAQ
• Client Testimonials: Fraud

California forgery overview – California penal code 470

Forgery Overview: California Penal Code Section 470

The crime of forgery occurs when you knowingly create, alter, or use a written document with the intent to defraud others for your own benefit. For the purposes of this crime, the types of written documents that can be forged include everything from wills, to licenses, to bank checks, to contracts, to even certificates of ownership. See California Penal Code Section 470(d).

Under California Penal Code Section 470, forgery is committed when you have the intent to defraud and you knowingly:

1. Sign the name of another person or of a fictitious person without the authorization to do so;
2. Counterfeit or forge the seal or handwriting of another;
3. Alter, corrupt, or falsify any testamentary will, codicil, conveyance, or other document in which a person expresses how they want their property distributed after they die; OR
4. Use, publish, pass or attempt to pass as true and genuine, documents that you know to be falsified, altered, or forged.

A conviction for forgery requires the prosecution to prove that you knowingly committed any of the above acts with the intent to commit fraud.

If convicted of forgery, you can face either misdemeanor or felony penalties. A misdemeanor conviction may result in imprisonment in county jail for up to one year. If charged as a felony offense, forgery may result in imprisonment in state prison for a period of up to three years.

There are ways to defend against a forgery charge. An experienced forgery lawyer can raise certain defenses on your behalf that will work to either reduce the charges or dismiss them altogether. A forgery charge can be negated by showing either a lack of an intent to defraud or the unlikelihood that the falsified document would actually defraud anyone out of money or other benefits.

A conviction for forgery can bring with it severe punishments, so if you find yourself facing allegations that you have falsified documents to defraud others, do not hesitate to contact an experienced forgery attorney. At Wallin & Klarich, our attorneys have over 30 years of experience handling forgery cases and providing our clients with the best possible results. Call us today at 888-749-0034.

More California Fraud Information

• Forgery Overview
• Forgery Prosecution
• Forgery Defenses
• Forgery Sentencing
• Forgery FAQ
• Client Testimonials: Fraud

California Forgery prosecution – California penal code 470

Forgery Prosecution: California Penal Code Section 470

• To prove that a defendant has committed forgery by signing a false signature, the prosecution must show that:

1. The defendant signed someone else’s name or a false name to a document;
2. The defendant did not have authority to sign that name;
3. The defendant knew that he/she did not have authority; AND
4. When the defendant signed the document, he/she intended to defraud.

• To prove that a defendant has committed forgery by forging or counterfeiting the handwriting or seal of another person, the prosecution must show that:

1. The defendant forged or counterfeited the handwriting or seal of another person on a document; AND
2. When the defendant did that act, he/she intended to defraud.

• To prove that a defendant has committed forgery by falsifying, corrupting, or altering a will or other legal document, the prosecution must show that:

1. The defendant falsified, corrupted, or altered a document;
2. The document falsified was a record of a will, codicil, conveyance, or any other legal document that the law accepts as evidence; AND
3. When the defendant falsified, corrupted, or altered the document, he/she intended to defraud.

• To prove that the defendant committed forgery by passing, using, attempting to use a forged document, the prosecution must show that:

1. The defendant passed, used, or attempted to use a false, forged, altered, or counterfeit document;
2. The defendant knew that the documents were false, forged, altered, or counterfeit; AND
3. When the defendant passed, used, or attempted to use the falsified document, he/she intended that the document be accepted as genuine and that he/she intended to defraud.

Additional Notes:

• • A person “intends to defraud” if he/she intends to deceive another person to cause either a loss of money, goods, services, or anything else of value, or to cause damage to a legal, financial, or property right.

• • For the purposes of this crime a “person” also includes a government agency, corporation, business, or a group or association.

• • It is not necessary that anyone actually be defrauded or suffer a financial, legal, or property loss as a result of the defendant’s acts.

• • A person “alters” a document if he/she adds to, erases, or changes a part of the document that affects a legal, financial, or property right.

More California Fraud Information

• Forgery Overview
• Forgery Prosecution
• Forgery Defenses
• Forgery Sentencing
• Forgery FAQ
• Client Testimonials: Fraud

California Forgery defenses – california penal code 470

Forgery Defenses: California Penal Code 470

An experienced criminal defense attorney can raise a number of different defenses that will work to reduce or dismiss a forgery charge against you. Of course, an attorneys ability to raise certain defenses depends entirely on the circumstances of your case.

Lack of Intent

A crucial element that is necessary to prove forgery is the intent to defraud. Without proof that you had this intent, you cannot be found guilty of forgery. Therefore, a criminal defense attorney must work to convince the court that you lacked this intent to commit fraud. This can be done by demonstrating that you honestly believed that you had the right to sign anothers name on the document. If, for example, you signed your spouses name to a check, and the money was used for family expenses, there is a strong argument that you did not have the intent to defraud anyone.

Forged Document Lacks Capacity to Defraud

If it is immediately apparent that a false document or writing is invalid and cannot possibly operate to defraud, there cannot be a forgery conviction. This is true even if the document is shown to have been altered or falsified. Basically, a document that does not have any apparent legal significance cannot be forged for the purposes of the crime. A criminal defense attorney would have to show that even if a falsified document is accepted as genuine, the forgery charge will have to be reduced or dismissed entirely if that document does not have the capacity to defraud a person of money, property, or rights. If, for example, you write a letter that harshly criticizes another person, and you sign it with someone elses name, the crime of forgery has not occurred because it is not apparent that the letter can deprive anyone of money, property, or rights.

More California Fraud Information

• Forgery Overview
• Forgery Prosecution
• Forgery Defenses
• Forgery Sentencing
• Forgery FAQ
• Client Testimonials: Fraud

California forgery sentencing and punishment – california penal code section 470

Forgery Sentencing and Penalties: California Penal Code Section 470

Forgery law identifies the crime as a “wobbler” in California because the prosecution has the discretion to prosecute it as either a felony or a misdemeanor. Whether the crime is charged as a felony or misdemeanor will often depend on the amount of money taken and whether you have any prior theft-related convictions.

A felony forgery offense is punishable by imprisonment in state prison for 16 months, or two or three years.

A misdemeanor forgery offense is punishable by imprisonment in county jail for up to one year.

A conviction may also result in fines of up $10,000 for felony convictions or $1000 for misdemeanor convictions.

You may also be liable for restitution to the victims, which means you will be obligated to pay back the amounts that you took from them through your actions.

If you are facing forgery allegations, be sure to contact an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in successfully helping clients defend against forgery charges. In developing a forgery defense strategy, our attorneys can help you reduce or dismiss the charges against you, or negotiate on your behalf to place you in a probation program in lieu of jail time. Call us today at 888-749-0034

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More California Fraud Information

• Forgery Overview
• Forgery Prosecution
• Forgery Defenses
• Forgery Sentencing
• Forgery FAQ
• Client Testimonials: Fraud

California Forgery faq – california penal code section 470

Forgery FAQ: Calfornia Penal Code Section 470

1. Can a forgery charge be reduced to a lesser charge?Yes. If your attorney can effectively attack any element of the crime, the charged can be dismissed entirely or at least reduced to “attempted forgery.” A conviction under this reduced charge will result in a much less serious sentence.
2. Is there any way I can avoid having this forgery charge on my record? Yes. If the matter concerns the passing of a bad check, you may qualify for a bad check diversion program, which requires repaying the victims in full and participating in intervention classes. Upon presenting proof of successful completion, the court may dismiss your case. This type of result will require the assistance of an experienced criminal defense law firm.
3. Can I avoid jail time? Yes. To help you avoid jail time, your attorney may arrange for you to participate in the Work Release Program in conjunction with trash pickup, community service, and home confinement. See California Penal Code Section 4024.2
4. What if I returned what I took or repaid the victims? Unfortunately, it does not matter whether you returned the property or somehow made restitution to the victims. You may still face forgery charges because the crime does not require that the victim actually suffer any monetary loss.
5. What if the document I am accused of forging is not a type of document specifically listed in Section 470?

Forging a type of document that is not specifically listed in Penal Code Section 470(d) may still be prosecuted. As long as you had forged the handwriting of another person, you may still be charged with forgery under this statute.

More California Fraud Information

• Forgery Overview
• Forgery Prosecution
• Forgery Defenses
• Forgery Sentencing
• Forgery FAQ
• Client Testimonials: Fraud

Testimonials

Fraud / Bad Check / Forgery Cases

“I was charged with a felony for fraud, facing incarceration and fines. Additionally, my professional license was going to be revoked if I was found guilty. My Wallin & Klarich attorney never gave up on my case and continued to fight for me. He understood the negative impact a conviction would have on my life, and he was able to reach a compromise with the district attorney. Because of his hard work and dedication I did not have to plea guilty to a felony, and the charges against me were dismissed.”

-Withheld
“I was arrested and charged with several felony counts of fraud, forgery, and identity theft. I had been incarcerated for over two months, and needed a qualified attorney to help me out of my horrible situation. I was facing several years in prison and did not know when or if I was going to be released from custody. I am so very thankful that my family finally found a qualified and knowledgeable attorney, and retained the law firm of Wallin & Klarich. The attorney met with my family over the weekend, and came and visited me in jail the very next day. She was able to get me released from custody immediately after she appeared in court, and was also able to get several of the charges against me dismissed. I am very grateful to Wallin & Klarich for their diligent and effective representation.

-Withheld

More California Fraud Information

• Forgery Overview
• Forgery Prosecution
• Forgery Defenses
• Forgery Sentencing
• Forgery FAQ
• Client Testimonials: Fraud