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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 582
Experience:  Managing Attorney at a Law Firm
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Can criminal charges be filed if a doctors note was taken

Customer Question

can criminal charges be filed if a doctors note was taken from an employees file and changed by their supervisor and then used by their supervisor and turned in to a lawyer that the supervisor has hired for a personal law suit. the employees doctor contacted them and told the employee that this has occured
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: louisiana
JA: Have you talked to a lawyer yet?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 9 months ago.

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only as we do not currently have an attorney-client relationship. Please allow me just a few moments to prepare some information for you. Thanks!

Expert:  Nisha Jones, Esq. replied 9 months ago.

It sounds to me like the supervisor could be guilty of forgery for altering the doctor's note. If the attorney recognized it, and reported it back to the original employee, that person has the option to contact police authorities and notify them of the situation so that a report can be filed.

Here's the applicable Louisiana law, that you might find helpful:

"Making, altering, using, or possessing a writing

The defendant:

  • altered, made, completed, executed, or authenticated any writing so that the writing purported to


    • be the act of another person who did not authorize that act (such as forging someone’s signature on a blank check from that person’s checkbook)
    • have been executed at a time or place or in a numbered sequence other than was in fact the case (such as changing the date on a will to make it seem to be the most recent manifestation of someone’s last wishes), or
    • be a copy of an original when no such original existed (for example, creating what purports to be a copy of your automobile insurance policy when you are not in fact covered)
  • issued, transferred, registered the transfer of, passed, published, or otherwise used a writing that was forged in any of the ways just described (such as trying to cash the forged check described above at the bank), or
  • possessed a writing that was forged in any of the ways described above, with the intent to use it to defraud someone (for example, carrying the forged “copy” of your auto insurance policy described above with the intent to display it to a police officer if you are pulled over in the future).

(14 La. Stat. Ann. § 72(B).)"

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!

Expert:  Nisha Jones, Esq. replied 9 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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