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Forgery Law Questions

What is forgery?

Forgery is a criminal act committed by someone who falsifies something with the intention to deceive others for personal gain. All types of forgery are considered crimes under the law. There are harsh punishments for those who commit forgery. Below are answers provided by Experts to commonly asked questions about forgery laws.

Are there different types of forgery?

Yes, there are different kinds of forgery depending on what gets forged or altered. Forgery usually involves the altering or falsification of documents such as checks, titles, deeds, wills, bonds, court documents birth certificates etc. Counterfeiting is one of the more common types of forgery that involves the production of fake money, goods, or logos with the intention of defrauding others while making a profit.

Does paying restitution before arraignment on a felony forgery charge help lower the judgment? I am a First time Offender in this case what will happen?

Case Details: I am a First time Offender

The outcome will usually depend upon the degree of the felony. A felony in the first degree has a punishment of one to 10 years imprisonment while a felony in the second degree carries a punishment of one to 5 years.

You may be eligible for probation because this is your first offense. You may also be eligible for a deferred prosecution. This means if you stay out of trouble and don't commit another crime for a period of time, your case will be dropped. Of course the outcome will depend upon the seriousness of your case and what the prosecution is willing to negotiate. You may also receive a reduced sentence rather than the maximum sentence.

If charged with forgery of a financial instrument while on probation for another crime, what would the penalty for the forgery be?

It is possible that the accused could receive between two and ten years punishment if this remains a felony. If it is a Class A misdemeanor, the penalty could be up to one year. Probation probably isn't going to be an option considering that the accused is currently on supervision, in violation of parole, and has a prior record. Usually, a judge will not consider probation for a parolee who has broken the terms of parole.

The punishment would depend on the prosecution's case and the judge assigned to the case. Most judges and prosecutors tend to seek harsher punishment for repeat offenders and those who are already on supervision.

The best option at this point is to hire an attorney who can work with the prosecution and negotiate on a plea agreement or go to trial if the prosecution's case is weak.

Can I add forgery and fraud charges to a lawsuit against a defendant who has forged my name on a receipt and car title?

Yes, but you will have to amend the complaint and include the two counts of fraud. Forgery will be the first count. General fraud will be the second count for taking the car without paying for it. You will have to allege the following in order to plead fraud; 1. A representation 2. That was false 3. The defendant was aware it to be false. 4. That the defendant made an untrue representation in an attempt to trick you into something. 5. That you believed in the representation 6. That you damaged by the act

While forgery isn't a physical crime, the damage done to those who have been affected can be devastating. Many people never fully recover from its damaging effects. Even for those accused with forgery charges, being aware of your rights and the provisions of forgery laws is important. Whether you are facing forgery charges or a victim of forgery, don't hesitate to ask an Expert for assistance or legal insight based on an evaluation of your case particulars.
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Recent Forgery Questions

  • I have had a wrongful judgement for damages against me on 26

    I have had a wrongful judgement for damages against me on 26 of Feburary 2014. My attorney was served and went to court without notifying me. I never new of the trial so I was unable to defend myself in civil court 24th district Marrero, Louisiana. He also did not send me any letter after the trial. I received a letter from a lawyer appointed by the LSBA/office of disciplinary council the he was placed on disability 2 wks ago. I then received a rule 104 motion to appear on 19 sept 14 to show cause why I should not also pay attys cost and court interest. My ex forgedly alleged that I physically abused my stepson 7 yrs ago after she was arrested for assaulting me. She has been found lying to the court repeatedly and to police, on petitions etc. This same petition was thrown out of court on 3 oct 08 by another Judge. She has forged a document on the petition. saying I did it. I have proof of forgery. what are my options?
  • My question is not for me but for my boyfriend...about 6 years

    My question is not for me but for my boyfriend...about 6 years ago he forged his wife's name on a second mortgage on their house. She claims to not have known about it until she went to file divorce paperwork however he used all of the money to pay off their joint bills. She now is trying to pursue legal action against him for this forgery. Is there a statute of limitations on this in Massachusetts?
    Some more background information...
    The bank president was involved in this at the time (he is no longer with the bank due to other loan issues within the bank). The person that notarized the documents worked for the bank at the time and was under duress to sign without question from the bank president and she is no longer with the company as well.
    My question is can the wife pursue charges on this? Would it make a difference if my boyfriend could prove that he paid off joint debt essentially making her benefit from this money? What legal options does he have in this matter?
  • My sister was living with my mom and began paying some bills

    My sister was living with my mom and began paying some bills for her online through my moms bank. Over the past couple of years she has been spending all my moms savings and also ran up her home equity to 86,000. My moms home was paid for. My sister went to the police and confessed to all of it and my mom pressed charges. My sister recently had her day in court and found guilty an awaiting sentencing. My mom gave her no permission for any of this and she was found guilty of forgery. My question is at the start the bank was very helpful and told my mom she was covered under fraud. Since awaiting my sister's trial the bank has now informed my mom they will not recover any of her losses and are threatening forclosure. My mom did not in anyway give permission or benefit from this. Can we begin a lawsuit against the bank because this is a fraud case and there policy is "Customers are covered up to 200,000 for fraud.
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