What Constitutes Forgery
Full Question:
I received counterfeit money orders in the mail and sent my daughter to the place they are drawn from to see if they were good. She was sent to a bank to have them verified and was arrested for forgery. How can she be prosecuted for forgery when she didn't sign anything and I told the cops they came in my name. I even gave them the UPS envelope they came in! The report that they turned in was misstated and the amount and number of money orders is wrong on the report. I tried to get a lawyer for my daughter, but could not afford one. Now, we can't get a public defender. How is this being brought against her?
11/10/2007 |
Category: Criminal |
State: Indiana |
#12006
Answer:
I suggest contacting the local legal aid society. The following is an IN statute:
IC 35-43-5-2
Forgery; counterfeiting; application fraud
Sec. 2. (a) A person who knowingly or intentionally:
(1) makes or utters a written instrument in such a manner that it purports to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority; or
(2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority;
commits counterfeiting, a Class D felony.
(b) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:
(1) by another person;
(2) at another time;
(3) with different provisions; or
(4) by authority of one who did not give authority;
commits forgery, a Class C felony.
(c) This subsection applies to a person who applies for a driver's license (as defined in IC 9-13-2-48). A person who:
(1) knowingly or intentionally uses a false or fictitious name or gives a false or fictitious address in an application for a driver's license or for a renewal or a duplicate of a driver's license; or
(2) knowingly or intentionally makes a false statement or conceals a material fact or otherwise commits fraud in an application for a driver's license;
commits application fraud, a Class D felony.
(d) This subsection applies to a person who applies for a state identification card (as issued under IC 9-24-16). A person who:
(1) knowingly or intentionally uses false information in an application for an identification card or for a renewal or duplicate of an identification card; or
(2) knowingly or intentionally makes a false statement or otherwise commits fraud in an application for an identification card;
commits application fraud, a Class D felony.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.50; P.L.45-2005, SEC.2; P.L.106-2006, SEC.3.