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 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.