Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2003, "Possession of a Forgery Device" occurs when any person possesses a Forgery Device with the "knowledge and intent" to commit Fraud. A Forgery Device can be any plate, dye, apparatus, equipment, software, access device, or any other device specifically designed or adapted for use in forging written instruments. This can be possessed with the intent for the Defendant to use himself, or to provide others with assistance in forging documents.
If the person possesses the Forgery Device in order to commit Fraud themselves, then this is a class five (5) felony. A first offense class five (5) felony carries punishment of probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two and one half (2.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is three (3) years to seven and one half (7.5) years of incarceration.
If the person possesses the Forgery Device in order to assist others in committing Fraud, then this is a class six (6) felony. A first offense class six (6) felony carries a range of punishment of probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is two and one quarter (2.25) years to five and three quarters (5.75) years of incarceration.
Possible Defenses can include "Lack of Knowledge" or "Innocent Possession". In other words, a person's computer could be used by another member of the household (or roommate) to commit these crimes without the owner's knowledge. Also, a person can merely be holding on to certain plates, dyes, or other Forgery Devices without the knowledge that they were being used by somebody else for Forgery purposes. In other words, the Defendant could be getting "duped" by his roommates. It is important to interview all witnesses who know both parties involved in order to establish the Defendant's good character and the other person's bad character.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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