QUESTION
What would the sentence be for a first offense, forgery?
Asked on Jul 21st, 2012 on Litigation - Florida
More details to this question:
I allegedly tried to cash a check at a bank that was given to a friend from his aunt. My so called friend changed the name on the check without my knowledge. The check was for $1200 and it is my first offense.
21 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Up to 10 years.
Answered on Jun 28th, 2013 at 9:34 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If your friend changed the name on the check and you tried to cash it, you might be charged with uttering and publishing but not forgery.
Based upon your recital of the facts you could very well have a defense to any criminal charges against you based upon your lack of knowledge about the alteration of the check but you would probably have to tell all about your "friend" and let him deal with the criminal charges that might be brought against him.
You don't indicate if there has been a criminal complaint filed against you and if one has been filed how far the proceedings have gone. You will need the services of a competent defense attorney and if you have not done so, you should hire one.
The amount of the check and the fact that you have no prior criminal record would be of great help to you in getting a favorable disposition of the charges against you.
The crime of forgery carries a maximum penalty of 14 years and requires that the perpetrator have knowledge of the forgery. It is not possible for me to speculate about a possible sentence without more information about the case.
Answered on Aug 23rd, 2012 at 9:59 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Most likely restitution and probation but maybe county time not more than 90 days.
Answered on Aug 14th, 2012 at 2:11 PM
Michael J. Breczinski
Probably probation. But the issue is did you know the check was bad? If not you should fight the case since your friend was using you as a dupe.
Answered on Aug 14th, 2012 at 2:10 PM
Forgery is a third degree felony. Forgery Utah Code Ann. 76-6-501. The sentence could be anywhere from straight probation to the indeterminate term of zero to five years in prison. That is up to the judge.
Answered on Aug 14th, 2012 at 2:09 PM
Forgery is a category D felony in Nevada which is punishable by imprisonment from 1 to 4 years and/or a $5,000 and restitution. Probation is available.
Answered on Aug 14th, 2012 at 12:52 AM
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Class A misdemeanor. Up to $4000 fine and 1 year in jail.
Answered on Aug 14th, 2012 at 12:23 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Probation with full restitution.
Answered on Aug 13th, 2012 at 10:13 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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The type of forgery that you are alleging is known as uttering and publishing which is a felony and carries a maximum penalty of 14 years. The actual sentence that you will received from the court depends upon the sentencing guidelines, which are calculated taking into consideration the specific facts surrounding the convicted charge and your criminal history. Ultimately, the sentence is up to the judge, so it depends upon what jurisdiction you are in and what judge you pull.
Answered on Aug 13th, 2012 at 8:12 PM
Leonard A. Kaanta
4 years in prison.
Answered on Aug 13th, 2012 at 8:00 PM
Given that this is a Felony, you absolutely should consult with a qualified criminal defense attorney to make sure you do everything you can to avoid a permanent Felony conviction entering on your record (and harming you forever). Ideally, you want a resolution that leaves this case ultimately dismissed and eligible for Sealing the records associated with the case.
Answered on Aug 13th, 2012 at 6:55 PM
Family Law Attorney serving Layton, UT
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Michael S. Edwards Attorney at Law, PLLC
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The maximum punishment for that offense is 0-5 years in prison. However, with the help of a skilled criminal defense attorney, your punishment can be much less than that, if you cannot beat the case altogether.
Answered on Aug 13th, 2012 at 6:54 PM
Why would you plead out to this? If you're not guilty then fight it all the way to trial.
Answered on Aug 13th, 2012 at 6:50 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I cannot give you an absolute answer. The sentencing decision involves the exercise of discretion by the DA and the Judge. It could be a felony or a misdemeanor and there could be jail, but not necessarily. Your attorney can advocate for a dismissal after what is called an informal diversion, where the case is continued for a year and if you don't get into trouble, the charges are dismissed. Everyone, including you, would have to agree on a resolution.
Answered on Aug 13th, 2012 at 6:50 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Anywhere from per trial diversion to prison time.
Answered on Aug 13th, 2012 at 6:42 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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With the amount of the check at issue, this could be charged out as a felony. Why would you be trying to cash a check for a friend. Why couldn't that friend cash his/her own check? You could be looking a jail time. My advice, retain an attorney who can more thoroughly review the facts of your particular case and advise you accordingly.
Answered on Aug 13th, 2012 at 6:39 PM
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Forgery can be a third degree felony charge in Utah, which can carry a penalty of up to 5 years in prison depending on your criminal history. However, if you didn't know about the name change on the check, you may have a good case to defend. Hire a talented lawyer for the best outcome for your case.
Answered on Aug 13th, 2012 at 6:38 PM
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With no significant criminal record, a first felony conviction should result in probation. But, you may be able to get this reduced to a misdemeanor or deferred sentence misdemeanor. If you did not know the check was forged, and you trusted your friend's word, then you did not have the mental element required for the crime. You believed it was a valid check. This is a defense, and I have seen it win at trial the friend is the forger, not you provided you did not know and had no reason to know the check was forged.
Answered on Aug 13th, 2012 at 6:28 PM
John Patrick Yetter
First offenses are usually subject to a wide variety of possible negotiations. Some counties have deferred prosecution programs for first felonies, which would require you to complete a program including restitution and possibly education programming, but does not include an actual sentence as the case gets dismissed in the end. Otherwise, there may be room for a reduction to a misdemeanor or some other solution which keeps the felony off your record. Worst case scenario is probably some form of probation.
Answered on Aug 13th, 2012 at 6:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It sounds like you have a defense if you were not aware the check was altered. Therefore you need an attorney to defend you. Forgery, in this case of a check of over $1200, is a very serious charge.
Answered on Aug 13th, 2012 at 6:07 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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As you describe it, the charge should not be forgery. A third degree felony has a potential 5 years in prison sentence. Get competent and aggressive criminal defense counsel immediately.
Answered on Aug 13th, 2012 at 6:04 PM