Need Arizona Forgery Lawyers? Contact the Law Offices of David Michael Cantor if you have been charged with Forgery.
Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2002 “Forgery” occurs when a person either knowingly completes or alters a written instrument (usually a check), knowingly possesses a forged instrument, or knowingly offers or presents a forged instrument (whether it is accepted or not). A forged instrument can have a proper signature, but a forged amount or forged material information contained within the document. If a person is possessing five (5) or more forged instruments, there is a statutory inference that the instruments were possessed with the “intent to defraud”.
Possible Punishment for Forgery
Forgery is a class four (4) felony. For a first offense, Possible Punishment includes probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If a person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If a person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) years to fifteen (15) years of incarceration.
Possible Defenses for Forgery
Possible Defenses for Forgery can include “Consent”, due to the fact that the Defendant was given permission by the owner of the document to add their signature. This occurs commonly with spouses or other relatives. Problems arise when a couple goes through a divorce, and then one of the parties claims they did not give permission to the other party to sign one of their checks. This is sometimes seen with roommates who have fallen out of favor with each other. Another major defense to Forgery is “Lack of Knowledge” that the document was forged. This commonly occurs when the Defendant’s so-called “friend” asks them to run down and cash a check for them at a check cashing store. It is important to interview all witnesses who have knowledge of both the Defendant and the accusing party in order to establish a defense to a Forgery charge.
The “Common Defenses” for Forgery, which a Forgery Lawyer may apply in any criminal case are numerous and diverse. One of 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 Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, 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 a skilled Forgery Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a Forgery case.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Forgery Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its 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 Arizona Forgery Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to a Arizona Forgery Lawyers. We will assist you with your Forgery case.
