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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26538
Experience:  16 yrs. of experience including criminal law.
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i was found with a windshield permit that was created at work

Customer Question

i was found with a windshield parking permit that was created at work with city seal "official city vehicle" my car was ticket and towed and they told me that i was going to heard from some1 abt the fake parking permit i think this is considered fraud? and is federal case can u correct me if im wrong and if so wat are the charges and if i am facing jail time??
Submitted: 6 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 6 years ago.
Can you tell me where you work? did you or someone else create this?
Customer: replied 6 years ago.
i work for the city of new york .... a co worker that no longer works here gave few of us copies and we been using them to park behind the bldg were we work... and sometimes we go out to do building inspections and we go with our private car... the permit does not come from the city it self is a copy but we used the nyc sealed on the sides of the permit to make it more official
Expert:  P. Simmons replied 6 years ago.
Ok

here is the law

NY CLS Penal § 170.10 (2008)

§ 170.10. Forgery in the second degree

   A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or

2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or

3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or

4. Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or

5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.

Forgery in the second degree is a class D felony.



NY CLS Penal § 170.25 (2008)

§ 170.25. Criminal possession of a forged instrument in the second degree

   A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10.

Criminal possession of a forged instrument in the second degree is a class D felony.


So, this would be considered a felony, though not a federal offense.

I suspect that if you have a decent lawyer you can plea this out to either a misdemeanor or perhaps divert from the criminal justice system all together...but it is a felony so I do recommend a good lawyer




Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get paid.


Customer: replied 6 years ago.
class D felony? define plz and misdemeanor? can I face jail if not properly handle and for how long? ... which type of lawyer specialty should i seek... i never had any problems with the law im scared and curious...plz help thanks
Expert:  P. Simmons replied 6 years ago.
§ 70.00. Sentence of imprisonment for felony


(d) For a class D felony, the term shall be fixed by the court, and shall not exceed seven years

For a misdemeanor, max imprison is 1 year


Now, that is maximum punishment and if first offense and the circumstances are not aggravated I suspect you would get probation.

You should seek a GOOD criminal defense lawyer. Find one that has trial experience. Make sure to interview several and pick the one who will fight for your case. Ask for references and call them up to see how they felt about the attorney


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get paid.


     


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