Need an Arizona Forgery Attorney? Contact the Law Offices of David Michael Cantor, if you have been charged with Possession of a Forgery Device.
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.
Possible Punishment for Possession of a Forgery Device
If the person in Possession of a Forgery Device commits 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 Possession of a Forgery Device assists 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 for Possession of a Forgery Device
Possible Defenses for Possession of a Forgery Device 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” for Possession of a Forgery Device, which 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 an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Forgery Attorney 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 Attorneys 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 an Arizona Forgery Attorney. We will assist you with your Possession of a Forgery Device case.
