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Question
I have been accused (in Virginia) of forgery and uttering. I have 3 convictions (DUI in 1996, Destruction of Property in 1989 or 1990, and I believe it was failure to appear in the mid 90s). I was taking care of a man in Virginia, and asked to borrow $600 to pay on a bill, and the check was handed to me (with a signature on the check). I filled out the check, and took it to the company to pay the bill, and later found out that forgery charges were placed against me. I was in Maryland at the time, but I came back to Virginia (on my own) to answer to the outstanding warrant. The man I borrowed the money from was diagnosed with dementia (I didn't know it at the time) and he said he doesn't remember any check given to me. I'm really in a tough spot. What would be your recommendations on how to handle this, and, if convicted, how much time am I looking at?
Thank you.
Otis,
If it were me I would look for the best deal. If you were charged with looking after that man (with dementia) and you had his check it might be easy for the prosecution to demonstrate "undue influence" on him. Maybe you could get a statement from his physician stating that it is possible in his condition that he could have given you a check and then not remembered the act.
Forgery and Uttering at Sec. #18.2-172 are both felonies and carry penalties of 1-10 years each.
I am not sure if your criminal history will enhance the sentence if you are convicted of the crimes.
Your best bet is to find a competent criminal defense attorney and prepare your defense accordingly and professionally. This is not a time to represent yourself. You could be looking at time behind bars.
Best of luck.
JP
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Answers by Expert:
Jeffrey-Peter Hauck
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Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.
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Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development."
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