Legal Question in Criminal Law in California

Re: First Offence Bad Check Writing

You will be sentenced by a judge, who will consider many things. Probably the most important is your criminal record, including any arrests which did not result in convictions. If you have no criminal record, chances are pretty good that you can avoid jail time.

Another thing the judge will look at is your motivation for committing the crime. If you can show that you did it to feed your children, the judge is more likely to be lenient.

The judge will also look at your life and circumstances since the crime was committed, up to the present time. If you have had no further arrests, and you are still taking care of your children, the judge is more likely to be lenient.

There are also factors you cannot control, such as the judge's personality and beliefs.

A good attorney can help you maximize your chances of staying out of jail, but private attorneys cost money. You can always get a Public Defender, but there are good and not-so-good PDs

Good luck and God Bless You.

Re: First Offence Bad Check Writing

Thanks for your posting. The answer to the question you've asked, "what are the chances I'll serve jail time over this", depend on a number of different factors.

Many prosecutors in this state (CA) have diversion programs for bad check writers. Under the guidelines contained within the Penal Code, here's what the D.A. is to consider in sentencing or diverting a bad check writer:

(a) The amount of the bad check.

(b) If the person has a prior criminal record.

(c) The number of bad check grievances against the person previously received by the district attorney.

(d) Whether there are other bad check grievances currently pending against the person.

(e) The strength of the evidence, if any, of intent to defraud the victim.

These, and other factors, are also used by the judge to determine your sentence. No attorney can promise you what a judge exactly will do, although they can give you their professional opinion based upon experience.

I'd recommend getting an attorney, although I might be biased. With a family, you going to jail is just too important to take chances on.

Thanks, and please feel free to call me at 1-877-568-2977 or email me if you have further questions.