What will happen if I am charged with a criminal possession of a forged instrument in the second degree? 27 Answers as of June 26, 2013

I just want to know what will happen to me with this being my first time ever getting charged with something like this. My bond was 5000.00 dollars but it got lowered to 550.00 dollars.

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Robert Valles and Associates P.C.
Robert Valles and Associates P.C. | Robert Valles Jr.
The DA will try to prosecute you.
Answer Applies to: Texas
Replied: 8/20/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
IF you get convicted, anything from probation to prison depending on the circumstances. You need a good attorney. Get one.
Answer Applies to: Michigan
Replied: 8/20/2012
Law Office of Gregory Crain | Gregory Crain
Probation or prison.
Answer Applies to: Arkansas
Replied: 6/26/2013
Law Offices of John Carney
Law Offices of John Carney | John Carney
If this is your first offense the prosecutor may offer a misdemeanor, but with forgery of a check charges hey usually want a felony conviction with 5 years probation and restitution. They want to protect the banking industry from criminals who forge checks and cost them billions of dollars. Forgery is a serious crime, but you will almost never get a jail term for a first offense. You will have a hard time getting a decent job with any criminal conviction, especially for theft.You should retain a good criminal lawyer to handle the case and get the best possible disposition.
Answer Applies to: New York
Replied: 8/20/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
I can not tell you what will happen without much more information, but I can tell you that your bail being reduced from $5000.00 to $500.00 is a good hint that things are more favorable than was first thought.
Answer Applies to: Massachusetts
Replied: 8/20/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    I don't want to scare you son, but that is a felony in Va. You are looking at up to 5 years in Jail and a $2500 fine. You Better Call the Bull Dog. We have been doing this work for over 20 Years for the Defense. We know all the technical defenses. We Win These Cases!
    Answer Applies to: Virginia
    Replied: 8/20/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The charge you have listed does not translate into a Kansas charge. Kansas charges felonies as a "severity Level __" number. I cannot tell you what penalties your question will carry. If you can look to see what severity level your charge is, I can answer your question.
    Answer Applies to: Kansas
    Replied: 8/20/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Criminal possession of a forged instrument 2d is a class C felony, punishable by imprisonment for not less than 1 year and 1 day nor more than 10 years, and a fine not to exceed $60,000. As this is your first offense, if found guilty of this charge you would likley be facing a probationary sentence, unless there were extreme circumstances involved in the case.
    Answer Applies to: Alabama
    Replied: 8/20/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    The State must prove that you are guilty to a judge or jury. An attorney on your behalf must analyze the State's evidence, witnesses, police reports, etcetera. Then an accurate analysis can be attempted. In what city did this happen?
    Answer Applies to: Illinois
    Replied: 8/20/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    It is felony and you face time in prison, you need an attorney.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    This was posted in the California section, but it sounds as though it is from another state. Why? We don't have degrees of crimes other than burglary and murder. You need to ask this of an attorney in the jurisdiction where it occurred.
    Answer Applies to: California
    Replied: 8/20/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    If they can prove the case you will probably receive probation and restitution if there was any loss.
    Answer Applies to: Rhode Island
    Replied: 8/20/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    In Alabama the min. bond is $2,500.00. Normally get probation. Try to do a theft diversion class to avoid a conviction.
    Answer Applies to: Alabama
    Replied: 8/20/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    First, I am willing to bet your bond was not lowered. You paid a Bondsman $550 and the Bondsman put up (or signed for) $5,000. If you do not show up for court, you can be held liable for the full $5,000. Second, it is nearly impossible to predict what will happen in a criminal case based on so little information. No lawyer can answer that question honestly, not even one you hire. The Judge, politics of the region, the person hurt (victim) if any, the amount, the circumstances, the Assistant District Attorney and the facts all have to be taken into consideration. No joke here, the phase of the moon and the ADA's sex life may even affect your case when it comes to any plea offer or if you even get one. A 2nd degree felony is punishable by not less than 2 years and not more than 20 years in prison, a fine of $10,000 or both. You MAY be eligible for deferred adjudication or probation but there is no information here to determine that issue.
    Answer Applies to: Texas
    Replied: 8/20/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A forgery is a serious felony offense. Under Minnesota law, it may carry with it penalties of imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
    Answer Applies to: Minnesota
    Replied: 8/20/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    The max penalty for forgery is ten years to serve.
    Answer Applies to: Georgia
    Replied: 8/20/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. You are charged with a crime. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. When charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I'll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
    Answer Applies to: California
    Replied: 8/20/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It would depend on the particular state law in the state where you are charged. For example, in the State of Washington, possession of a forged instrument is a class C felony. A class C felony is the least serious felony. In most cases a first offense would not result in much if any jail time. Washington Felony Sentencing is governed by the Sentencing Reform Act. Under the Act, all felonies are ranked according to their seriousness. Nearly every felony has a "standard range" of sentence expressed in months. The standard range is determined by a combination of the offender's criminal conviction data and the seriousness of the crime. Both are combined to obtain an "offender score" this score determines a range of sentencing in months. The court sentences within the standard range unless there are aggravating or mitigating factors. The SRA also allows first-time offenders to be sentenced from 0 to 90 days on a first-time C felony. You may also be eligible for diversion. If you are, that would involve you stipulating to the admissibility of the police reports and giving up or waiving your right to any meaningful trial. In exchange, you would have the opportunity to have the case dismissed at the end of your diversion period, provided you are in full compliance with the terms of the diversion.
    Answer Applies to: Washington
    Replied: 8/20/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    Did your bail really get reduced from $5000 to $550 or is $550 the amount you paid? Most bail bondsmen charge 10% of the total amount of the bail and, sometimes additional administrative fees. So, if your bail was $5000 you could well have paid $550 for a $5000 bond to get out of jail. Regardless, what will happen to you is pretty standard for any charge. The D.A. will come to a decision whether or not to file charges. If he files, you will get a court date to appear in front of a judge and enter a plea. The D.A. may or may not have a plea bargain offer available by this time. If you plead guilty or no contest, you will be sentenced to whatever punishment the plea deal involves. If you don't you will go to trial. By "what will happen", I presume you mean "What will happen if you are convicted? ?I urge you not to think this way. To convict you, the prosecution must prove each and every element of the crime beyond a reasonable doubt. You should consult an attorney right away to preserve your rights and obtain advice on what to do.
    Answer Applies to: California
    Replied: 8/20/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    There is no such charge in Wyoming as of this date, 8-16-2012.
    Answer Applies to: Wyoming
    Replied: 8/20/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    With the assistance of either a private attorney or public defender you may get a First Offender Waiver at sentencing but that assumes you get convicted or plead guilty. I would seek the help of an attorney as it is a serious felony charge. I consult free of charge. 26 years experience.
    Answer Applies to: Washington
    Replied: 8/20/2012
    Mary W Craig P.C. | Mary W Craig
    If this is a first offense, chances are you will get probation, and will have to pay costs and fines, and will have to pay restitution. You should get a lawyer to negotiate with the District Attorney. If you cannot afford a lawyer, tell the Circuit Clerk in your county that you wish a court-appointed lawyer, and the clerk's office will give you the paperwork to fill out.
    Answer Applies to: Alabama
    Replied: 8/20/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Depends on evidence. If convicted, it is a felony.
    Answer Applies to: Nevada
    Replied: 8/20/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    First your bond did not get lowered, you posted 10% of the total bond amount with a bondsman. Second, no one knows what will happen with your case. See website for info on how plea offers are constructed: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=35. I recommend that you retain an attorney since you are unsure of what is going on in your case.
    Answer Applies to: Georgia
    Replied: 8/20/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It doesn't sound like a NH case. You should consult a local criminal defense lawyer. There is no charge of receiving in the second degree in NH.
    Answer Applies to: New Hampshire
    Replied: 8/20/2012
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    You can go to jail, if you have no prior criminal history you should be able to get probation. But, you don't want this on your record, you want to fight this as best as you can! Even if you are convinced you are guilty, you still have a lot of options!
    Answer Applies to: California
    Replied: 8/20/2012
    Steven Alpers | Steven Alpers
    You will probably get probation and possibly some jail time. If there were any losses you will have to repay the victim.
    Answer Applies to: California
    Replied: 8/20/2012
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