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Where PC 476a deals with real checks that are passed on insufficient funds, Penal Code 476 deals with "fake" checks that may or may not be linked to an actual bank account.

So if, for example, you create a fake check that is linked to an account that has insufficient funds to clear the check, prosecutors could charge you with both offenses.

"Any person who, for himself or herself, as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers a check, draft, or order upon a bank or depositary, a person, a firm, or a corporation, for the payment of money, knowing at the time of that making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with the bank or depositary, person, firm, or corporation, for the payment of that check, draft, or order and all other checks, drafts, or orders upon funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is punishable by imprisonment in a county jail for not more than one year." The first example is a clear violation of the section.

The second is included to demonstrate that it is your intent that violates this law regardless of whether the "payee" actually suffers a loss or is defrauded.

In addition to the above penalties, you may be required to pay civil damages as well.

However, before a payee may collect civil damages, he/she must first give you the opportunity to pay There are several crimes that are closely related to Penal Code 476a PC California's bad checks law because prosecutors commonly charge them in connection with or in lieu of a PC 476a charge. Penal Code 476 PC California's check fraud law prohibits making, passing or attempting to make or pass a fake, altered or counterfeit check in an attempt to defraud a person/entity out of money or other property.

In order to prevail on this defense, you would need to prove that there was some type of legitimate dispute about the subject of the payment.

Known as "bad check diversion programs" or "bad check restitution programs," these programs provide an offender the opportunity to in exchange for a dismissal of the criminal charges.

If you do not fully reimburse the payee or successfully complete the intervention program, the prosecutor will likely reinstate the criminal proceedings.

If someone else signed their name to one of your checks...a check that didn't clear because of insufficient funds..are not guilty of this offense.

As former police investigators and prosecutors, we know the most effective strategies for investigating cases to reveal the truth.

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