Criminal Law Questions? Ask a Criminal Lawyer.
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I would like to know what is going to happen if this person takes it to our local migistrate
The person could file a criminal complaint for forgery against you if they chose to even if you have paid them back. Forgery is a felony of the third degree if the writing is or purports to be a will, deed,contract, release, commercial instrument,(check) or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations.
The penalty can be a fine of not less than $2,500 nor exceeding $15,000, or imprisonment not exceeding seven years, or both. Although this would likely be eligible for diversion or deferred prosecution if you have a clean record otherwise.
I have paid her in full with a letter signed confirming payment, by her and me, can I use this in court, If she takes me to the local magistrate,
Also she has a record and it it very similar to what happening to me, can I use her charges against her.
I have a clean record and never been any kind of trouble, will that work in my favor?
You could use it to show that you have paid any restitution that may have been due, but it doesn't "unring the bell" and cancel out the fact that the law was broken.
Her record would not have anything to do with whether you violated the law or not. Either you did or you didn't. It doesn't matter what the record of the "victim" is.
Yes, it would definitely matter as you would likely be offered some type of diversion program where you would plead guilty and then be put on probation with some communtiy service. Once you completed the probation without any new offences, (excluding traffic offenses) the judge would then withdraw your guilty plea and dismiss the charges.
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