Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis 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?
Thank youUnder 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.
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
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