Linden NJ Forgery Attorney
It is a crime in the City of Linden and everywhere else in New Jersey to forge a document in order to deceive or defraud another person. This offense arises when someone alters, changes or issues a false document or represents a forgery as a genuine document. If you were arrested and/or charged with forgery or a companion offense like obtaining CDS by fraud, credit card fraud, or theft by deception, you are not alone. This is a charge which is much more common given the advent of internet, sophistication of copying devices, and the increased demand for forged identification following security controls placed into effect after the 911 Terror Attack. Irrespective of the scenario that gave rise to your forgery arrest, our attorneys can assist you in avoiding a conviction in the Criminal Division of the Superior Court in Elizabeth, something that is imperative if you want to avoid a felony record. Failure to hire an attorney that can succeed if averting plea or finding of guilt will effect your ability to secure employment, maintain your visa or green card (i.e. this is a crime of moral turpitude) and effect your future in other ways. Here at the Law Offices of Jonathan F. Marshall, we are a defense team of former prosecutors and other skilled lawyers with over 100 years of combined experience. Initial consultations with a lawyer on our staff are free of charge. Contact our Union NJ Office now at 908-272-1700 for the assistance you need.
What Is Considered A “Writing” Under The New Jersey Forgery Law?
In order to understand the scope of this offense, it is first necessary to understand the definitions of the terms used by the statute. The New Jersey legislature defines the word “writing” for purposes of N.J.S.A. 2C:21-1 (“Forgery and related offenses) as a printing or any other method of recording information, including money, coins, tokens, stamps, credit cards, trademarks, access devices, and any other symbols of right, privilege or identification. An access device, which specifically falls within the definition of a “writing”, is a credit card number, account number, personal identification number (PIN), or any other data intended to control or limit access to telecommunications or computer network. Use of these devices is frequently encountered in credit card forgery cases that the attorneys on our staff defend in Elizabeth at the county courthouse.
What Does the State Have To Prove To Convict Someone Of Forgery?
When a person is charged with Forgery, the State is required to show that the Defendant had a purpose to defraud or injure someone, or that the Defendant knowingly facilitated a fraud. The Prosecution is also required to prove that the Defendant committed the predicate criminal act, namely one of the following:
- Altered or changed a writing of another without their authorization;
- Issue a writing that purports to be the writer’s knowing that it is not; or
- Engaging in conduct, including speech, that implies that a false document or writing is genuine when it is not.
You will note that there is no requirement that the prosecutor prove that someone was actually injured but rather that the conduct was committed with the purpose to defraud someone or a government unit (e.g. county clerk, motor vehicle commission, etc.). This is an important factor when you are dealing with, for example, forgery in conjunction with securing a driver’s license at the NJ Division of Motor Vehicles Office in Rahway or Springfield.
What Grade Of Crime Is A Forgery Offense?
When a forgery involves a document issued by the government, including money, stock, bonds, and other instruments, a writing representing an interest in property, or a New Jersey Prescription Blank, a conviction results in a third degree crime. Forgery is also a third degree crime where the writing/document involved is a check or represents fifteen (15) or more forged or altered retail receipts or labels. In all other cases, forgery is a fourth degree crime.
What Penalties Apply To Forgery?
The penalties for third degree forgery include up to 5 years in prison and a $15,000 fine. Fourth degree forgery can result in a jail term of 18 months and a $10,000 fine.
Elizabeth Forgery Offense Attorneys
A forgery charge is an indictable felony offense and, as such, can only be heard at the Union County Superior Court in Elizabeth NJ. Every attorney at the Law Offices of Jonathan F. Marshall has significant experience defending criminal charges in this court. Indeed, our attorneys have been appearing in the courtrooms in Elizabeth for decades and with plenty of success stories. Whether you were arrested in Clark, Linden, Roselle Park, Cranford, Plainfield or another location in Union County, we can help you. Our lawyer have the qualifications needed to effectively defend your forgery charge. Call us 24/7 in Union NJ for a free initial consultation at 908-272-1700.
