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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I need advice if someone signed a state document by forging

Customer Question

Hi I need advice if someone signed a state document by forging someone's name 7 years ago for financial reasons and someone is thrusting them to turn it in and this person has had this info and she is an officer are there leagal ramada cations can the person go to jail
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Please clarify who is blackmailing who? And when you say can "this person go to jail" which person? The one who did the forgery or the officer/blackmailer?

Customer: replied 1 year ago.
She is dangling this over his head so she can control him, the corrections officer can the other person go to jail for this it's been 7 years it has to do with taking money from a govt agency he forged his wife's name after she left him and kids
Expert:  Samuel II replied 1 year ago.

Thank you

Under NY law with a conviction this is a Class D Felony. The possible penalty for a non violent Class D felony is no jail. But probation may be imposed.

Under the NY statute

(a) A prosecution for larceny committed by a person in violation of a fiduciary duty may be commenced within one year after the facts constituting such offense are discovered or, in the exercise of reasonable diligence, should have been discovered by the aggrieved party or by a person under a legal duty to represent him who is not himself implicated in the commission of the offense.

Expert:  Samuel II replied 1 year ago.

So it is possible that if charges are filed, a Motion to dismiss would be appropriate, if he can show that the forgery was discovered more than 1 year ago. In the alternative the Class D has a 5 year statute of limitations

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Expert:  Samuel II replied 1 year ago.

Thank you