Forgery Explained
What is Forgery?
Forgery is the act of spuriously, falsely, and knowingly presenting an item, product, or service with the intent to deceive. The scope forgery is a vast one. Forgery can include the production of falsified documents, counterfeit money, or products intended to resemble other products, which can result in copyright violation(s).
Akin to a charge of fraud, the conviction of forgery allegations is typically contingent of the proof of intent. Although rare, convictions of forged items and documents can render less severe penalties in the event that deliberate intent cannot be proven.
Forgery Offense Profile
Legal Jurisdiction: Criminal Law, Financial Law, Employment Law, Administrative Law, Cyber Law
Type of Crime: Misdemeanor or Felony – varies upon the nature of the crime
Criminal Code: Varies upon the location of the crime, including the applicable country, nation, state, or province
Range of Punishment(s): Fines, probation, associated penalties, or incarceration – varies upon case details
Duration of Punishment(s): Varies upon case details
Applicable Punishment(s): Varies upon individual intent, criminal record, criminal history, and the victim(s) involved. Forgery convictions can result in the banning or prohibition of individual participation in specified media or employment. Those convicted on computer forgery may be prohibited from using the internet or being employed in any information technology (IT) department.
Forgery and Counterfeit
Although the notion of counterfeit is not specific to the illegal forged reproduction of currency, a conviction of counterfeiting most commonly involves the illegal, purposeful recreation of money. This is done with the intent to deceive, manipulate, and unlawfully possess items and services as a result of the use and exchange of forged currency. In the event of a forgery charge that involves counterfeiting money, the individual found guilty will be required to compensate the value of all stolen and illegally-possessed products and services
Forgery Allegations: Terminology and Associated Offenses
The following are commonly associated with charges of forgery:
Intent: Intent is legally defined as the intended result for which one hopes as a result of any individual actions or activity. In the event of a forgery charge, the prosecuting attorney is responsible to prove that suspect acted knowingly and deliberately in their respective actions in order to mislead the victim(s) involved.
Fraud: The act of knowingly, purposefully, and deliberately misleading another individual or entity with the intent to swindle or manipulate.
Forged Signature: The act of unlawfully recreating the likeness of the signature belonging to another individual or entity with the intent of deceitful authorization.
‘Knock-off’: A colloquialism classifying an illegal reproduction of a copyrighted design, image, or product.
Power of Attorney: The legal ability to sign and authorize documents on the account of another individual.
Copyright Violation: The purposeful or accidental infraction with regard to the unlawful or improper use of property licensed under the ownership of another individual or entity.
The Forgery Arrest Process
In the event that the prospect exists in which an individual is at risk for or has been arrested as a result of a forgery charge, it is of the utmost importance that they are aware and mindful of the basic legality associated with the criminal justice system. Individuals who have been served documentation in the form of an arrest warrant displaying a forgery charge, or have been arrested by law enforcement, are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges.
Individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting or fleeing from a forgery arrest can result in harm, injury, and additional penalties. Upon arrest, an individual should be made aware of the following in order to prevent any further complication(s):
Due Process with regard to a Forgery Charge
In the United States, due process is defined as the Government’s obligation to respect, maintain, and uphold the legal rights of its citizen in the event of an arrest. The Government must retain an individual’s human rights and liberties. This includes fair, respectful, and ethical treatment devoid of undue violence and harm.
Habeas Corpus with regard to a Forgery Charge
Subsequent to an arrest resulting from a forgery charge, the notion of habeas corpus entitles all individuals to the right to a trial in a court of law. In addition, each individual is granted the right to legal representation. Pertinent details regarding any forgery allegation should be discussed with a defense attorney specializing in criminal law, copyright law, administrative law, business law, financial law, and defense.
The Presumption of Innocence
In the event that an individual is arrested as a result of a forgery charge, criminal law within the United States maintains the innocence of that individual unless they are found guilty within a court of law or they have admitted guilt on their own accord.
Miranda Rights
Upon the arrest for a forgery charge, this is the standard arrest protocol that must be upheld by any and all arresting officers. Miranda Rights include the Fifth Amendment, which states that an individual retains the right to remain silent in order to avoid incriminating themselves. This is also known as ‘pleading the Fifth’. In addition, Miranda Rights also guarantee the right to remain silent, the right for any words spoken during the arrest to be admissible during a trial, the right to consult with an attorney regardless of financial stature, and the acknowledgement that the individual arrested for the forgery charge understands the aforementioned rights.
The Preparation of a Forgery Defense
In the event that an individual has been arrested on a forgery charge, they are encouraged to observe the behavioral protocol of the arrest process. Individuals are encouraged to consult with attorneys specializing in criminal law and, if possible, those who focus on forgery legality. In the construction of a defense, the individual may be asked to provide the nature of the forgery in question, the actions and items forged, the biographical information with regard to any and all victims, any previous arrests and/or convictions, evidence and witness testimony, detailed account of the details surrounding the event in question, and the arrangement for bail or bond.
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