Cal. Penal Code § 1001.62

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On receipt of a bad check case, the district attorney shall determine if the case is one which is appropriate to be referred to the bad check diversion program. In determining whether to refer a case to the bad check diversion program, the district attorney shall consider, but is not limited to, all of the following:

(a)The amount of the bad check.

(b)If the person has a prior criminal record or has previously been diverted.

(c)The number of bad check grievances against the person previously received by the district attorney.

(d)Whether there are other bad check grievances currently pending against the person.

(e)The strength of the evidence, if any, of intent to defraud the victim.

Notes of Decisions

Cited in 3 cases, 2008–2019 · leading case: Kevin Breazeale v. Victim Services, Inc.

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Kevin Breazeale v. Victim Services, Inc. (2017) ca9 “See Cal. Penal Code § 1001.62 . These factors include the amount of the bad check; the cheek writer’s prior criminal record and whether that person has been previously referred to the program; the number of bad check griev-anees the district attorney has previously received…”

Schwarm v. Craighead (2008) caed “See Cal.Penal Code § 1001.62 (“On receipt of a bad check case, the district attorney shall .”

Solberg v. Victim Services, Inc. (2019) cand · cites it 3× “…and the “strength of the evidence, if any, of intent to defraud the victim.” Cal. Penal Code § 1001.62 (b), (e). It seems impossible that any of the district attorneys (or their employees) could have been performing this analysis, because the victims’ submissions don’t…”

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