Forgery / Possession of Fictitious Instruments

Penal Code Sections 470d and 475

Charges of Forgery under Penal Code Section 470(d) and/or Possession of Fictitious Instruments under Penal Code Section 475 usually refers to someone passing a check or other negotiable instrument which contains fraudulent information to include a forged signature. The most common scheme involves check cashing wherein an individual is asked by someone, usually a friend or acquaintance, to cash a check for them with the agreement that the person cashing the check will get some percentage of the total value if they successfully cash it. When the individual attempts to cash the check the bank discovers that the account has been closed or that the person designated on the check to receive funds has not been authorized by the account holder. The individual is then arrested. In order for the Prosecution to bring these sorts of charges they must show intent to defraud. While such intent may be difficult to prove the Prosecution will try to show that the check cashing arrangement was “too good to be true” and thus it was not realistic for the Defendant to assume it was a legitimate business arrangement. It is Mr. Bruzzo’s opinion that this is a difficult thing for the Prosecution to prove in many instances. Notably he has been successful in getting these sorts of cases dismissed. Penal Code Sections 470(d) and 475 may be charged as  misdemeanors which would expose the Defendant to a maximum of one year in jail or as  felonies which would expose the Defendant to a  maximum of three years in prison or more for high dollar amounts.