What Is A Misdemeanor

Public record for July 22, 2011

Rock County

Arrests

-- EUGENE WHITE, 50, of 7 N. Academy St., Janesville, at 5:50 p.m. Tuesday, on a charge of substantial battery.

-- WILLIAM R. MCKINNEY, 41, of 115 S. Main St., No. 10, at 11:26 p.m. Tuesday at South River Street and Union Street on a charge of robbery.

-- ALEXANDER M. WHEELER, 22, Janesville, at 9:45 a.m. Wednesday on Highway 14 on charges of misappropriation of personal identifying information and theft of less than $2,500.

Intoxicated driving arrests

-- TINA LOUISE ELMER, 50, of 15 N. Jackman St., No. 1, Janesville, at 12:16 a.m. Wednesday at Milton Avenue and Refset Drive.

-- CHRISTINE L. THOMPSON, 41, of 625 N. Pine St., Janesville, at 2:11 a.m. Wednesday at Highland Avenue and North Washington Street.

-- MICHAEL D. TRACY JR., 29, of 2243 N. Pow Wow Trail, Beloit, at 1:42 a.m. Wednesday at Center Avenue and Riverside Street. It was reportedly his second offense.

-- ANDREW M. HIRSCHFIELD, 31, of 4215 Whitney St., Janesville, at 3:16 a.m. Wednesday in the 3600 block of Milton Avenue. It was reportedly his fifth offense.

Reported

-- BURGLARY reported at 8:37 p.m. Tuesday to an apartment in the 200 block of South Franklin Drive, Janesville. A refrigerator and a stove were stolen.

-- BURGLARY reported at 10:29 p.m. Tuesday to a home in the 4100 block of Skyview Drive, Janesville. Reported stolen were two window air conditioner units, a safe containing prescription medication and $500 in cash.

-- BURGLARY reported at 8:51 p.m. Tuesday to an apartment in the 200 block of South Jackson Street, Janesville.

-- BURGLARY reported at 12:57 p.m. Friday to a home in the 400 block of North Parker Drive, Janesville. Reported stolen was a collector Schwinn bike.

-- USE OF EXPLOSIVES FOR A CRIME reported at 11:27 a.m. Sunday in the 1600 block of Winchester Place, Janesville. A man reported someone blew up his mailbox.

Rock County Court

-- AMY JO VAZQUEZ-CASH, 46, of 1807 S. River Road, Janesville, felony obtaining controlled substance by fraud, 3 years probation.

-- CATHERINE T. ARENS, 47, of 1322 E. Van Buren St., Janesville, felony bail jumping and misdemeanor criminal damage to property and misdemeanor battery, 2 years and 6 months probation.

-- KURT DALE TAYLOR, 43, of 1441 S. Orchard St., Janesville, misdemeanor possession of a controlled substance on/near park and misdemeanor bail jumping, $1,214.50.

What happens if I write a bad check in California? What is a bad ...

California strongly protects its citizens from individuals who fraudulently write bad checks . A bad check occurs when a person writes a check to a person or a company (such as a utility) knowing that there are insufficient funds to cover the amount of the check, or if the drawer stops payment after writing the check. Often time, people innocently stop payment on a check for a variety of reasons; however, this conduct is prohibited by law.

In order to be convicted for the crime of writing a bad check the prosecutor must prove beyond a reasonable doubt, that at the time you wrote the check, either acting on behalf of yourself or as an agent to another, there was a lack of sufficient funds to cover full payment of the check. The prosecution must also show that you were aware of the insufficient funds at the time and that you acted with the intent to commit fraud.

California Penal Code Section 476a stated that writing a check while knowing that funds are insufficient can be charged as a misdemeanor offense that can be punished with a sentence of up to one year in county jail. In some cases, this offense can also be filed as a felony with a sentence of up to three years in state prison.

Not only is this a crime, but there are certain civil penalties associated with writing a bad check. California Civil Code Section 1719 imposes the obligation to not only pay the face amount on the check, but also a statutory service charge or a statutory penalty charge. Service charges can add up and be very costly.

This crime, like others, have defenses a person can raise. On important defense is the “good-faith” defenses. This is when a person charged with writing a bad check had honestly believed that he/she had sufficient funds, or was simply absent-minded when writing the check. To be convicted of this crime, a person must have knowingly wrote a bad check.

If you or a loved one is charged with writing a bad check, it is important for you to consult with a skilled criminal defense attorney with knowledge of bad check law. At Wallin & Klarich, our attorneys have over 30 years of experience in helping people overcome allegations of knowingly writing checks without sufficient funds. Call us today at 888-749-0034 or visit us online at www.wklaw.com . We will be there when you call.

The Pacific reporter

Lawyers' reports annotated

The English reports

Commentaries on the criminal law

The Southeastern reporter