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My 18 year old daughter was arrested today and charged with

 

Customer Question

My 18 year old daughter was arrested today and charged with 3 Felony counts of Forgery for forging absent notes to the school. Is this legal?

 

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Country relating to Question: United States

Already Tried:
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Submitted: 342 days and 17 hours ago.
Category: Criminal Law
Value: $40
Status: CLOSED

Accepted Answer

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Expert:  Samuel-II replied 342 days and 17 hours ago.


Samuel-II :

Hi

Customer :

hello

Samuel-II :

So she was arrested for forging notes from a parent? What state are you in? Also, what do you mean "is this legal" Is what Legal?

Customer :

notes from a medical office, missouri, missouri law states that Forgery must defraud someone, how is this defrauding?

Samuel-II :

Hi

Customer :

hello

Samuel-II :

Well, it is defrauding because she signed someone else's name and wanted the school to believe it was from the person. That is defrauding. Lying to make gain or swindle

Samuel-II :

The gain her is she was trying to get away without being in school and was lying and cheating to avoid punishment. That is defrauding

Customer :

I'm confused??? What did she gain??

Samuel-II :

She was trying to gain an avoidance of punishment

Customer :

the school punished her for this when it happened backin October

Samuel-II :

Alright. And so now she is charged with the forgery because she signed someone else's name. That is a crime.

Samuel-II :

I can pull the statute for you, if you would like to read it.

Customer :

no thanks I already read it, What about her being the only kid in a school of over 1,000 to have this done to her

Samuel-II :

Well, that can be part of her defense

Customer :

they waited until 2 weeks left before she graduates, and now it looks like they won't let her graduate

Customer :

to file the charges

Samuel-II :

Ok. Well, now that would be a civil issue. And you will want a local attorney who can argue against it unless there is policy that says anyone with a Felony charge cannot graduate.

Samuel-II :

I mean, you are innocent until proved guilty in the US of America

Customer :

not at this schhol

Samuel-II :

So, I would suggest, that is a violation of her right to a public education.

Samuel-II :

Apparently.

Samuel-II :

So, are they not going to let her graduate or are they not going to let her participate in the ceremony?

Customer :

both

Samuel-II :

Alright. Well I don't know how they cannot let her have a diploma. And that is what you will want a local civil attorney for

Samuel-II :

Unless they are saying she needs to take classes over Did she pass everything? She has all her credits?

Customer :

today and tomorrow are final tests and they arrested her a school this morning and she is in jail with Bond set at $10,000, she will miss all of her finals

Samuel-II :

Oh my goodness

Samuel-II :

Can you post the 10% of the bond? That would be $1000.00

Samuel-II :

That would shake them up. She's out and takes her finals, passes. In the meantime you get a local civil attorney

Customer :

I know of at least 4 other kids that have done the same thing. 15% here and I don't have that kinda cash

Samuel-II :

who says "we will sue" because she is only charged, not convicted

Customer :

I thought about contacting the ACLU for help

Samuel-II :

ACLU is usually pretty swamped. But can you get it on your local news

Samuel-II :

And then it could go to National news, maybe if you make enough noise

Samuel-II :

Then you might find a pro bono attorney or the ACLU may chime in

Customer :

ok, the media was my next step

Samuel-II :

Yes. This is real a little out of hand.

Samuel-II :

It sounds as if a complete scheme to keep her from graduating

Samuel-II :

And not even in the interest of Justice

Customer :

That's exactly what her mother and I think

Samuel-II :

There is no conviction

Customer :

any other advice you can give me?

Samuel-II :

Try to get her bond lowered.

Samuel-II :

It's not like she is a flight risk. I am curious as to why they set the bond and set it so high?

Customer :

can't do the until she sees the judge on Monday

Samuel-II :

No bail review tomorrow - Friday?

Customer :

I think because it was 3 Felony counts for 3 different notes

Customer :

nope

Samuel-II :

Bond cannot be excessive, you know. Must be in accordance with what a person can afford, as long as they are not a threat to others or self and not a flight risk

Samuel-II :

They are really trying to send a message.

Samuel-II :

Set an example

Samuel-II :

and that is what I suggest you go to the media with

Customer :

she will probably lose her job too, because she was supposed to work the next 4 days

Samuel-II :

No conviction. What happened to innocent until proved otherwise and also that the bond is so high

Samuel-II :

And that they are trying to make an example of her

Samuel-II :

I am sorry she is in this position.

Customer :

thanks for your help, anything else we should do?

Samuel-II :

I wish there was more.

Samuel-II :

Keep the pressure on about being made an example. Not in the interest of justice.

Customer :

thanks

Samuel-II :

Good luck. If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you

Customer :

will do, thanks again

Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 97.1 %
Accepts: 3995
Answered: 5/4/2012

Experience: Handle criminal matters in both state and federal courts

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