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    rock and roll's Avatar
    rock and roll Posts: 2, Reputation: 1
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    #1

    Aug 23, 2008, 12:28 PM
    Forgery on checks
    What are the charges on check forgery? And what amount does it become a felony?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 23, 2008, 01:14 PM
    The charges and even name of the exact crime varies by state.
    Also in some states if you have more than one check, they can be combined to meet a specific amount
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Aug 23, 2008, 01:47 PM
    Quote Originally Posted by Fr_Chuck
    The charges and even name of the exact crime varies by state.
    Also in some states if you have more than one check, they can be combined to meet a specific amount

    It's in California - also a question about possession of drugs.

    Here's from the website: "California's law against forgery (Penal Code 470) covers several acts related to misrepresenting yourself in a financial transaction. You can be charged with forgery for:

    Intending to defraud someone by knowingly signing another person's name, or a made-up name, to any legal document (which includes a check);

    Intending to defraud someone by knowingly giving them a false check or other financial document, counterfeit money, a false lottery ticket, forged legal documents or a false driver's license or identification;

    Or writing a bad check -- "making, drawing, uttering or delivering" a check or other bank draft when you know there isn't enough money in the account to cover it.

    Under the law, it doesn't matter whether the alleged victim was actually defrauded. It also doesn't matter whether you later paid back the alleged victim or made other restitution. The prosecution only must prove that you intended to defraud him or her.

    People accused of passing a bad check with no prior criminal record are eligible to enter a bad check diversion program instead of serving jail time. The program varies according to which county you were arrested in, but generally participants will be asked to make full restitution to their victims, including any collection fees, and attend a class designed to teach them better financial skills. If you complete the diversion program successfully, the bad check conviction will never be on your record, and it will not count as a prior conviction in any future criminal case.

    Other types of forgery can be charged as either a felony or a misdemeanor in California, depending on the circumstances and any prior convictions. A felony conviction carries prison time, whereas a misdemeanor carries up to a year in county jail. If the check involved was for less than $200, you will generally be charged with a misdemeanor."

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