Minnesota Check Forgery Defense Lawyer
Check forgery is a fraudulent act involving a check account. Check forgery will negatively impact a financial institute and thus, in most instances, is considered a federal offense. In some cases, check forgery will also affect a victim (if identity theft is used) as well as a business (if the check forgery is used in a business transaction). Regardless of the circumstances surrounding a check forgery accusation, it is important to understand what this means for your personal and professional life, your reputation and your future.
Instances of Check Forgery
Check forgery usually involves the following allegations:
- Forging signatures of checks. If you use someone else’s checkbook to pay for goods then you could be accused of check forgery. This is also considered identity theft and often happens in a business environment.
- Using dishonored checks. If the account has been made up or the account has been closed (and you are aware of this), then you could be under investigation for check forgery.
- Lack of funds – if you use a check from an account that does not have sufficient funds (and you are aware of this), then you could be accused of check forgery.
- Fraudulently ordering or producing checks. This is another form of identity theft that has serious repercussions.
Check Forgery Defense
- There are a number of defense tactics to take if facing a check fraud or check forgery accusation. Make sure you contact an experienced fraud lawyer to discuss your situation and determine which defense is the most appropriate. You may want to consider:
- Insanity or intoxication – the inability to distinguish right from wrong
- Post dated checks –a check with a date after the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation rather than a check fraud case
- Unaware of the crime – a guilty sentences means that you were intentionally aware of the crime. You may be able to reduce your sentencing and possibly walk away with a not-guilty verdict by explaining that you were unaware that what you were doing was wrong.
- If the crime was not premeditated but all just a big mistake you could also walk away with a reduced sentence.
Check forgery is considered a federal offense as, in most instances, the financial institute that suffers spans beyond state lines. What this means is, if convicted of check forgery, you will be facing the federal sentencing system which includes hefty fines, loss of certain rights and prison time in a federal institute.
Minnesota Criminal Defense
Don’t let an accusation of check forgery affect the rest of your life. Protect your rights and reputation as well as your personal and professional life. If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact Anoka criminal lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation.