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.