Bad Checks / Insufficient Funds

Penal Code Section 476a

When people say they are being charged in a “bad checks” case they are usually referring 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.  On occasion Mr. Bruzzo has been successful in avoiding charges under this code section by speaking with the District Attorney prior to the court date in an effort to avoid the filing of charges. 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. If you are facing charges of this nature do not hesitate to contact Mr. Bruzzo at (714) 547-4636 to discuss your case.