Cases of forgery keep are serious. It is an illegal way for people to get access to certain things by altering a piece of writing. They do it in such a way that it appears real and no one can hardly find out. However, a lot of people have been caught in the act and they face the music. Forgery may involve a lot of things. If someone acts as an accomplice to a forgery crime, the person is also prone to prosecution.
In Louisiana, it is an offense to possess, create and even use a false document situ an intention to defraud someone with it. This criminal offense is known as forgery and it has grave consequences.
Well, forgery can be done in any way, in any situation and it could also involve different types of documents. In spite of all these, forget cases have some things in common. Here they are:
1. Changing writing, possessing, making or using it: If someone is to be convicted for forgery, it needs to be proven that the person possessed, altered, completed or changed any writing to assist the crime. In this way, the forged writing could be:
· an act of a person who didn't authorize it. This includes forging a signature on a person's checkbook to get cash from the bank.
· carried out in a place or time that isn't the original such as altering the date on a will which would make it seem very recent.
· a copy of an original document when in actual truth, such document never existed. This includes creating a fake copy of any insurance policy.
2. Registering, issuing, publishing or passing writing which was forged in any of the ways described above. This includes cashing a forged cheque.
3. Possessing writing forged in any of the ways above with an intent to defraud a person.
What all these ways have in common us that it involves the accused person forging a document whichever one it may be. This means that there was an action carried out which has serious legal consequences.
For any writing to count as forgery, it needs to have these two specific features:
1. It has to be recognized legally or have a legal effect
2. It has to be false. Of course, if a document is not false, a person cannot be convicted.
Now, what does it mean for writing to be recognized legally or have a legal significance? This means that the document is one that affects any legal duty or is government-issued. This includes making documents like a will, driver's license, medical prescriptions, sale documents and so on. As long as it can be used to defraud or deceive, such document has a legal significance. For instance, you are caught with scheduled substances and you produce a document which shows that it is a doctor's prescription, if it is found out that you gave a fake document, then you can be charged for possession of drugs and also a forgery.
One thing you need to note is that an error in a document doesn't make it false. It can only be false if it was intentionally altered to deceive or mislead anyone reading it.
Before someone is charged guilty of the crime, it needs to be proven that he or she forged the document with an intent to deceive or defraud either another person or an organization. Also, note that intent alone counts. The actual crime matters but as long as the person had the intention to deceive or defraud, such a person is guilty. For instance, if you make a false recommendation letter even without sending it out, you are guilty of the crime. This particular element helps to protect people who possess fraudulent documents given to them by a person without knowing they are false. Maybe you bought a car from someone with fake documents and later found out, you would not be charged because there was no intention to defraud or deceive anyone.
For different kinds of forgery, there are specific penalties for it. But generally, a crime of forgery entails the convicted person to pay a fine of up to 5000 dollars or serve a jail term of up to ten years at the Ouachita parish jail or both.
For a forgery crime that entails using a forged academic recommendation or record to get something, the penalty includes a jail term of six months or a fine of up to 5000 dollars or both.
If you or your loved one has been arrested and charged for forgery, you don't need to panic. You only need to do the needful as soon as possible. You should contact a Forgery lawyer in Monroe. This lawyer should be a well-experienced criminal defense attorney who has all it takes to guide you all through your judicial proceedings. It only a professional criminal defense attorney in Monroe that will let you know the severity of your crime, while also giving you legal advice and handling your car in the best way possible.
If you need a very good lawyer to help your forgery case, then you need to reach out to Carl Barkemeyer. Carl Barkemeyer is a professional lawyer that has been helping residents of Louisiana handle their cases in court. If you find yourself in a situation where you need a criminal defense attorney in Monroe, then contact us.
Our team aims to represent you in such a way that you would get reduced charges in court. We have the right defense mechanisms that would help your case. Therefore, contact us today to help you with all your judicial proceedings and also to represent you in the court of law. Remember that a forgery case is a serious one and if you take it too lightly, it comes with serious penalties.