what kind of lawyer to get for someone who forged your name

Full Answer

Do I need a lawyer for forgery case?

Forgery cases can be complicated and the potential penalties for being found guilty are serious. If you have been charged with forgery you should consult with a criminal defense lawyer. An experienced attorney can review the facts of your case, help you understand the law, and counsel you on your possible defenses.

What can I do if someone forged my signature?

The short answer is: If someone forges your signature, you have a right to immediately notify the recipient of your forged signature, make a police report at the local station,

Did the person who signed my name commit forgery?

If you gave the signer permission to sign your name, then they did not commit forgery. If the signer did not have actual authority to sign your name but they believed they had permission, AND this belief was reasonable, then they did not commit the crime of forgery. Did someone sign your name? Did the person NOT have authority to sign your name?

Can a forgery be picked up by the Federal Court?

But even forgeries on a very small scale can be picked up by federal courts if they were done in more than one state, or on a document or instrument on a federal level, like a bond or security.

What do you do when someone forges your signature?

It is important to act quickly upon the realization that someone has forged your signature. Immediately contact the party that received the fraudulent documentation or contract. This grants the recipient the opportunity to rectify past actions or stop any further damaging action that may occur from the forged contract.

Can you sue someone for faking your signature?

If the forgery of your signature caused financial damage, then you have the right to sue the offender. Damages can be from the forgery of a check, loan, or other legal document that is in your name and requires repayment. Businesses experience forgery more often than individuals.

Is a forged signature ever legal?

The signer must have the intent to defraud or deceive the account owner or the bank. Lacking deception, the "forged document" is legal. With deceptive intent, a forger creates a false document, signature, or imitation of something valuable (sometimes called a "false instrument").

What happens when someone forges your name?

Penalties for Forgery in California The maximum state penalty for felony forgery is 16 months in state prison or 2-3 years in a county jail. They also may be required to pay restitution and up to $10,000 in fine. A misdemeanor forgery conviction typically faces a year in county jail plus smaller financial penalties.

How do I prove a forged document in court?

Forgery has been explained before as concerning the presence of one or other of the two elements of dishonesty or fraud. Proof: the prosecution has to prove that the: Accused committed forgery. That he did so with an intention that the document forged shall be used for the purpose of cheating.

What are the 3 types of forgery?

The Three Types of ForgeryForgery and Aggravated Forgery. A forgery charge is applied when there is criminal intent behind defrauding another person or entity by doing any of the following: ... Check Forgery. ... Counterfeit Currency. ... Lack of Evidence. ... Lack of Intent. ... Lack of Capacity. ... Violation of your Rights. ... Coercion.

How do I get out of forgery charges?

One of the most effective defenses is claiming that you did not intend to defraud or injure anyone. This can get your charges dropped immediately, as criminal intent is key in reaching a conviction for forgery. It might also be the case that you were simply in possession of a forged document without even knowing it.

What are the 3 methods under traced forgery?

Traced forgeries are generally created by one of three methods: “transmitted light,” “carbon intermediate,” or “pressure indented image.” While tracings may not normally present much of a challenge to the document examiner trying to determine genuineness, the ability to identify the perpetrator is totally precluded.

What is the crime of forging a check?

Forgery is commonly thought of as the white collar crime of signing another person's name to a document, like forging signatures on a check, for instance. But the actual definition of forgery is much more complicated than that, and the penalty for check fraud and the penalty for check forgery aren't as cut and dried, either.

What are the penalties for forgery?

But most penalties for forgery will include a combination of restitution and jail time, the length of which depends on the severity of the crime. First offenses for smaller amounts of money will receive the more lenient sentencing. No matter how small the crime, though, a person convicted of forgery will have felony criminal record.

Is a check a forged document?

While checks are the forged document most people are aware of , there are many other types of documents and instruments that are commonly forged and counterfeited. Forgery is a type of fraud that carries many of the same penalties as counterfeiting because the three crimes often overlap. The penalty for forgery can vary a great deal depending on ...

Is counterfeiting the same as fraud?

Forgery is a type of fraud that carries many of the same penal ties as counterfeiting because the three crimes often overlap. The penalty for forgery can vary a great deal depending on many factors, like the severity of the crime, the extent of the crime and whether or not it was committed on a national level.

Is forgery a federal crime?

Creating, forging or altering almost any document, for the intent of fraud or making money, is considered forgery and is subject to state and sometimes federal laws and penalties for individuals caught forging federal documents.

Betty Elaine Jones

I would start by reporting the forgery to the State Attorney's office and request that they pursue charges. Then you need to get bring a civil suit to try and reverse the forged transaction. Good luck. Sincerely, B. Elaine Jones, Esq.

Donald Eugene Yates

You can start by contacting your local State Attorney's Office if you would like to press charges. Forgery is a felony.

Robert E. Harris Jr

First, you should explain your question better. Did that forgery grant ownership to another person? How do you know your name was forged. I think you should make and file a police report. Then you should hire a local attorney to possibly bring a civil lawsuit against the actor that forged your name.

What is the most common form of criminal forgery?

The most common form of criminal forgery is the forging of checks. However, any situation that involves signing a name that is not yours without permission is considered a felony. If you have learned that someone signed your name without permission, you may have grounds to sue in small claims court.

What happens if someone wrongfully puts your name on a document?

If someone has wrongfully put your name on a document that’s upended your life or damaged your reputation, you may have grounds to sue. Here are some of the most common reasons to pursue legal action for a forged signature:

Why do you need a lawyer for a lawsuit?

Using a lawyer to complete the steps in your place saves time and money, as they would be able to include in the lawsuit lawyer fees and the proper number of damages . A lawyer will be able to write the proper letters, mediate, and obtain the proper expert opinions without forcing you to take more time to complete the steps yourself.

Can you sue someone for a forgery of a check?

If the forgery of your signature caused financial damage, then you have the right to sue the offender. Damages can be from the forgery of a check, loan, or other legal document that is in your name and requires repayment.

Is forging a signature a crime?

As children, we are taught that forging a signature is a crime, but the deep impacts of such an act are typically glossed over. Most of the time, we associate forgery with the trope of forging a parent’s signature on a permission slip. Such an innocent act, who could get hurt? In truth, forgery can hurt not only the victim but also those who are close to them. Most of the time the victim and criminal are acquainted.

Can a criminal get your signature?

There are a few ways that a criminal may be able to obtain your signature in order to copy it and use it to forge documents:

Can you sign someone else's name without permission?

Children's antics to avoid trouble aside, signing someone else's name without permission can land you in a lot of trouble. If you’re on the receiving end of this brand of identity theft, you know the results can be devastating, both financially and socially. Even businesses have the right to take offenders to small claims court to recoup their losses.

What is a forgery?

Forgery is making, using, altering, or possessing a false document with the intent to commit fraud. Forgery can be the creation of a false document, or changing an authentic one. Forgery is a crime that is classified as a felony in all fifty states and by the federal government. There are several elements to the crime of forgery, ...

What is the crime of forgery?

There are several elements to the crime of forgery, and all must be proven before someone can be found guilty: A person must make, alter, use, or possess a false document. Forgery can be creating a false document from scratch, or altering an otherwise genuine document in a material way.

Do I Need an Attorney If I Am Facing Charges for Forgery?

If you have been charged with forgery you should consult with a criminal defense lawyer. An experienced attorney can review the facts of your case, help you understand the law, and counsel you on your possible defenses. They can also represent you in court.

What is the meaning of the writing must be false?

The writing must be false. The writing must have been created or changed in a way that makes it appear that the document represents something that it is not. The fundamental meaning of the document must have changed because of the forgery. Intent to defraud. The person committing the forgery must have done so with the specific intent to defraud ...

What is a forged signature?

A forged signature misrepresents the identity of the person whose will it is, and that has significant legal consequences. The writing must have legal significance. Not just any false writing will be considered criminal forgery. Common examples of documents with legal significance include contracts, passports, drivers licenses, deeds, receipts, ...

How long is a first degree forgery?

First degree forgery is a felony and could be punishable by anywhere from 1-2 years to 15 years in prison. Second Degree Forgery: deeds, wills, contracts, government issued documents, public records, tokens or certificates used in place of money for goods or services (like subway tokens), or medical prescriptions.

How long is a 3rd degree forgery sentence?

Third degree forgery is a misdemeanor. The punishment is a maximum of one year in prison or three years probation.

What to do if you are a victim of forgery?

Forgery creates complicated issues that a lawyer can work through with you, so if you are a victim of forgery, I recommend you seek legal advice from a litigator. Before you do, make sure you are prepared. Bring a copy of the forgery, and if possible, be able to explain why the fraudster committed the crime of forgery and what they expected to gain from the deceit.

What happens if someone forged your signature?

If someone has forged your signature, you have the right to bring all the resources of the criminal justice system and the civil justice system to bear against the perpetrator.

Why is it important to notify the intended target of the forgery as soon as possible?

For this reason, it is important to notify the intended target of the forgery as soon as possible so that they can prevent as much harm as possible.

What happens if you don't give permission to sign your name?

If you gave the signer permission to sign your name, then they did not commit forgery. If the signer did not have actual authority to sign your name but they believed they had permission, AND this belief was reasonable, then they did not commit the crime of forgery. Ask yourself these questions:

What to do if you think you did something wrong?

Also, be completely honest with your lawyer. If you think you did something wrong, everything you tell the lawyer is protected by the attorney-client privilege. Even if you don’t end up hiring them, they must take everything you tell them to the grave with them.

Can you sue a fraudster if they have no assets?

I’m going to tell you something else important: Even if you can prove financial damages, if the fraudster has no assets or income, there probably is no reason to expend your resources on a lawsuit because, even if you get a judgment against the con artist, there would be no way to collect what you are owed.

Is forging a signature a crime?

The act of forging a signature is a crime, but as with all types of fraud, forgery cannot be committed by accident. To commit a forgery, the forger must intend to deceive another person with the fake signature.