Can someone get arrested for theft by deception?

Asked over 1 year ago - San Diego, CA

I payed a person $375 for personal training services because she said she was a certified personal trainer but in the end she wasn't, she was just a chick in good shape, not a certified trainer like she said she was. I payed her for 15 sessions plus supplements and 6 free sessions which she promise if i give her the money, and $50 for nike shoes she said i needed but saw nothing in return and she lied to me, when she said she was gonna give me my money back she gave me a check with insufficient funds in the bank and she knew about it, can police arrest her?...

Attorney answers (5)

  1. Lara Ruth Shapiro

    Contributor Level 11

    7

    Lawyers agree

    Answered . It is a crime to knowingly write a bad check. You could turn over the check to the district attorney but it is up to the district attorney whether or not to press charges. You could also sue her in small claims court.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  2. Chris J Feasel

    Contributor Level 17

    5

    Lawyers agree

    Answered . Yes.

    Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing... more
  3. David Philip Shapiro

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Can someone? Yes. Will they? It's unlikely. But you can file a police report and sue her in small claims court.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  4. Tai Christopher Bogan

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Under the facts you listed this sounds more like a civil issue than a criminal one.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  5. Amber H Lunsford

    Contributor Level 12

    3

    Lawyers agree

    Answered . You are probably more interested in getting your money returned. This would be best achieved through small claims court.

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