To prove the crime of uttering a forged instrument (forgery), the State
of Florida must prove the following three elements beyond a reasonable doubt:
1) Defendant passed or offered to pass as true a document (typically a check).
2) Defendant knew the document to be false, altered, forged, or counterfeited.
3) Defendant intended to injure or defraud some person or firm.
crimes, uttering a forged instrument requires that the State of Florida
prove knowledge and intent. As a
former Miami-Dade prosecutor
, I can tell you that this is very difficult to do. It requires the prosecutor
to prove, beyond a reasonable doubt, what the accused person was thinking
when they allegedly committed the crime. Absent very strong independent
evidence, this is a tough feat to accomplish.
If an accused person accepts a plea of guilty or no contest, they may receive
a withhold of adjudication followed by
will likely be a condition. Eligible people can have these arrests sealed
upon completion of probation.
However, plea options notwithstanding, these are felony charges that should
always be fought head on. How can the State prove that you knew the check
you were trying to cash was fraudulent?
Let's say you work for somebody who writes you a check, and you take
it to you bank believing that it's a good check. If you try to cash
it, and it turns out that the check was fraudulent, how will the State
prove your knowledge of the fraud or intent to defraud?
Cases like these can usually be resolved by a phone call to the prosecutor. A good
Miami-Dade County defense attorney can get on the phone with the State Attorney's Office and highlight
the weaknesses in the case. Remember, police officers don't typically
conduct in-depth investigations in third-degree felony cases. They take
reports and make arrests. That's it.
It takes a strong case for the State to prove the elements of intent and
knowledge. I have made a career out of fighting the State on every one
of my clients' cases. Having been a prosecutor myself, I feel that
I have an advantage over other attorneys as I know personally what it
takes to prove a case at
I represent accused people in Miami-Dade County and Broward County. Uttering
a forged instrument is a serious felony that can have long-term consequences,
such as a permanent felony record, or even time in prison. I practice
criminal defense exclusively and would like to discuss your matter with
you, in person or on the phone. My consultations are always free and confidential.
today to discuss your case.