California Check Fraud Lawyer

Any person who, for himself or herself, as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers a check, draft, or order upon a bank or depositary, a person, a firm, or a corporation, for the payment of money, knowing at the time of that making, drawing, uttering, or delivering that the maker or drawer or the corporation does not have sufficient funds or credit in the bank for the payment of that check, draft, or order, is guilty of check fraud.

There are different actions that constitute what identity theft is in the state of California. Any person who willfully obtains personal identifying information of another person and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of identity theft.

Additionally, any attempt to obtain personal information in an attempt to defraud a person, is identity theft. Trying to defraud, sell, transfer, or convey personal identifying information is also identity theft.

Personal information that could potentially be obtained include, but are not limited to, a person’s name, address, telephone number, account numbers, driver’s license number, mother’s maiden name, date of birth, PIN number, tax ID number, employee identification number, government passport number, and social security number.

Examples of identity theft include (i) signing someone else’s name on a credit card charge, (ii) using someone else’s identification card to buy goods, (iii) giving false information to a bank or police officer in order to avoid arrest, (iv) signing a check in someone else’s name, (v) using someone else’s personal information with intent to commit a crime, and (vi) transferring property in someone else’s name.

Check fraud and identity theft can be confusing and difficult to fight alone; let Weber Law navigate it for you. There are also instances where a judge can make discretionary sentences; it is important to have legal counsel that can advocate for you in that instance.