California Criminal Lawyer Group

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How To Deal With Check Fraud Case?
Anaheim Criminal Attorney Check fraud is
considered a severe offense, attracting either
felony charges or misdemeanor charges. Based on
the losses suffered by the crime victim, as the
accused, you may have to deal with serious legal
repercussions. Criminal Defense Lawyer These
consequences arise after you face accusations and
are placed under arrest. While the court process
is well established, representing yourself in the
case may be hectic and costly. On the other
hand, working with a criminal defense attorney
increases the chances of a successful case
outcome. Since the attorneys are well versed with
the subject matter, they indulge in in-depth
research for your benefit. By contacting the
California Criminal Lawyer Group, you will have
competent and experienced defense attorneys. Over
the years, our lawyers have handled multiple
check fraud cases, equipping us with the required
skills to take on your matter. Further, we will
provide personalized services specially suited
for your unique case circumstances. Subsequently,
your criminal lawyer will not just apply legal
principles without careful consideration, as it
may be detrimental. Instead, they will conduct
due diligence to improve the chances of a
favorable case outcome. The Nature of the
Offense Check fraud is among the many forms of
fraudulent operations in the country. It is
prohibited under section 476 of the California
Penal Code and may attract felony or misdemeanor
charges. Additionally, check fraud falls within
the forgery category, primarily because it
involves falsifying a check in several ways.
Since check fraud is a white-collar crime, law
enforcement officers may have difficulty
detecting unlawful operations. Despite this,
persons receiving checks are well trained to
scrutinize the documents before approving them.
Due to the high expertise levels, you may easily
be identified as a fraud for presenting a false
check, leading to legal consequences. Since
check fraud is a wobbler crime, the prosecutor
handling your case will have to prove your
engagement in all the offense elements. The
process requires the prosecution team to gather
sufficient evidence to prove each element beyond
a reasonable doubt. You should note that while
the burden of proof on the prosecutor is strict,
the judge may allow some arguments regardless of
the quality of evidence. However, the
constitutional right to a fair hearing should
always be upheld to prevent unfair conviction. If
you believe that your trial hearings involve
unfair procedures, you can request your criminal
defense attorney to follow up
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on the issue with the relevant department. Doing
so will ensure your rights remain protected for a
smooth hearing. Elements of Check Fraud In any
criminal case, the prosecutor bears the burden of
proof to demonstrate that you played a role in
the offense. The criminal burden of proof upholds
a high standard, requiring the prosecutor to
prove each crime element beyond a reasonable
doubt. As a result, the prosecution team liaises
with investigation officers to access all
relevant information that qualifies as evidence.
Once the prosecutor is ready to proceed, you will
receive a summons to enter a court appearance.
Since the prosecutor must prove that all elements
of the crime were present in your case, your
defense lawyer should prepare a strong defense
strategy. Subsequently, anticipating what the
prosecutor will present may give you an
advantage. This is because your attorney will
prepare on how to counter the accusation. If the
presiding judge finds your defenses credible,
you may receive an acquittal or a significant
sentence reduction. One of the elements of crime
associated with check fraud is You Possessed or
Passed a Fake Check. You Possessed or Passed a
Fake Check Firstly, the prosecutor must pin you
to the unlawful activity by proving that you
possessed a fabricated check. However, your
involvement may not have been direct, as you may
organize others to undertake the crime on your
behalf. As a result, the prosecutor is interested
in demonstrating the specific activity you
engaged in qualifying as illegal. Where
possession is the unlawful act in question,
there should be sufficient proof to show that you
were in control of the fabricated checks.
Control includes directing third parties to
deliver the checks or retaining them in your
office, home, vehicle, or person. Most check
fraud charges involving possession occur after
you are arrested with the checks on you.