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Orange County Bar Association

Bad Checks / Insufficient Funds

Penal Code Section 476a

When people say they are being charged in a “bad checks” case they are usually referring to a violation of Penal Code Section 476(a) which makes it a crime to pass a check when you do not have enough funds in your account to cover the check. In order to prove this case the Prosecution must show that the action was willful and deliberate. An accounting error or simple mistake would not be a violation of this code section regardless of the amount of the check.  On occasion Mr. Bruzzo has been successful in avoiding charges under this code section by speaking with the District Attorney prior to the court date in an effort to avoid the filing of charges. The District Attorney will sometimes agree not to file charges if compensation is rendered to the victim.  Penal Code Section 476(a) can be charged as a misdemeanor which exposes the Defendant to a maximum of one year in jail or as a felony which exposes the Defendant to a maximum of 3 years in prison. In addition, for high dollar amounts the maximum time in prison can increase as an enhancement under the penal code. If you are facing charges of this nature do not hesitate to contact Mr. Bruzzo at (714) 547-4636 to discuss your case.

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“I was pulled over for not having license plates on my car. The reason for that was because it was new. When the Officer pulled me over, he claims to have smelled marijuana and he began to ask me questions. I admitted to smoking marijuana earlier in the...


“I was arrested and charged with Penal Code Section 273.5(a) [Domestic Violence with Traumatic Injury]. Unfortunately, some of my actions were caught on video. In addition, an infant was present during the incident. My family hired Attorney Will Bruzzo to...


“I was charged with two counts of Vehicle Code 23109.1 [Engaging in a Speed Contest Causing Specified Injury] as a felony; two counts of Vehicle Code 23105(a) [Reckless Driving Causing Specified Injury], one count of Penal Code Section 368(b)(1) [Elder and...


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