Encinitas check fraud cases are filed in Vista Courts as are almost all North County criminal cases. The cases are reviewed by the North County Branch of the San Diego County District Attorney’s Office and filed in North County Courthouse in Vista. There are a few types of North County criminal cases which are filed at the downtown central Courthouse at 220 West Broadway in San Diego. Those cases generally involve a special prosecution units for welfare fraud, elder abuse, sophisticated auto theft or drug cases.
Check fraud usually involves the making, forging, cashing or altering a check with the intent to defraud. It is a felony California Penal Code 470, 476, and 476a (NSF checks) but can be reduced to a misedmeanor. The penalties as a felony can carry probation or up to 3 years prison. Most of the timje the person is also charged with identity theft. The most common cases we see are stolen checks with the endorsement forged, changing the amount of a check made to an individual without authority, or trying to cash stolen checks. Many times people are approached to cash a check for a someone because they don’t have an account and they will get a small amount of money for their helping them out. Unfortunately, everyone gets charged with check fraud, but it is a defense if you did not know the check was forged or stolen, but the circumstances of the transaction are examined carefully and the relationship or identity of the person who gave you the check to cash.
Check fraud is a specific intent crime, which means it has to be proved you had the intent to defraud when you were involved with the check. Having handled hundreds of check fraud cases over 30+ years, Christoph Law offices know what is important and what to look for to get the best resolution in your case. For a free consultation, call 760-670-3885