In California what is required for a check fraud arrest or prosecution?

California Penal Code section 476 only permits the criminal prosecution of individuals and entities who “wilfully, with intent to defraud” write a check “knowing at the time” of its making and/or delivery that there are insufficient funds for payment.  If this is your first time having multiple “bad” checks, most likely you will not be criminally charged.  The facts you provide do not indicate that you intended to defraud the check recipients, or that when you handed over the checks you knew that there were insufficient funds in your account.

Although you probably do not need a criminal defense attorney, you may want to consult with an experienced civil practitioner.  California Civil Code section 1719 allows the receiver of a bad check to recover three times the amount of the check (up to $1500) in civil court if sufficient notice is mailed or delivered to the person who wrote the check.  The damages are in addition to collecting the value of the check and they could include court and mailing costs.  You could be sued in small claims court if the bounced check does not exceed $5,000.  A civil attorney can help you negotiate reasonable repayment plans with the checkholders, and/or help you enroll in a “check amnesty” program if one is offered by your county of residence.