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  1. #1
    Join Date
    May 2006
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    3

    Exclamation Forgery and Money Laundering Charges

    What is the name of your state? Arizona

    I'm being charged with two counts of Forgery, a class four felony. My case was transferred from juvenile court to adult two weeks ago as I was close to being 18. These charges stem from December of 2004 and the police held these back until I was 17 and 11 months so I would be transferred.

    My first question is I've previously pled guilty to a Forgery as a juvenile for what I thought I had done, but apparently each check that was printed whether by me or not is a count. So with that said, if somone on a home computer prints obviously fake checks, let's say a 100 seperate checks and does nothing with them. Can you be charged for 100 seperate felony forgery counts for each check or if you printed 10 checks can you be charged for 10 felony counts? What's the difference between a bad check, which is a M1 in Arizona and Forgery F4?

    Also on the referral transfer report it lists 8 felony counts, but only two with petitions filed. The counts range from Money Laundrying in the first degree, Theft, Artificies and Poss of a forgery device... What are these things and how could I possibly be charged with this stuff for printing checks? Why wasnt a petition filed for all of these charges instead of just the two counts?

    What does it mean when a CA grades charges referred by the police "D"?

    The victim is listed as my step father which I currently live with, he does not want to press charges and is not really sure why he is the victim, nor am I.

    I'm being arraigned soon and will be obtaining a lawyer but I will not have one in time for arraignment, will I be able to delay arraignment until I have a lawyer? If I'm not able to then what are the possible pleas I can enter, besides guilty or not guilty? Would it not really make a difference if I entered a not guilty plea and then obtained a lawyer?

  2. #2
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    Default Re: Forgery and Money Laundering Charges

    Quote Quoting undergrad
    So with that said, if somone on a home computer prints obviously fake checks, let's say a 100 seperate checks and does nothing with them. Can you be charged for 100 seperate felony forgery counts for each check or if you printed 10 checks can you be charged for 10 felony counts?
    If the prosecutor is aware of all 100 checks when they make the initial charge, they should normally charge you with any and all offenses at that time. If you manage to hide 90 checks from the police or prosecutor, and attempt to pass them at a later date, it is likely that new charges would result.

    Quote Quoting undergrad
    What's the difference between a bad check, which is a M1 in Arizona and Forgery F4?
    A felony charge is a much more serious charge.

    Quote Quoting undergrad
    Also on the referral transfer report it lists 8 felony counts, but only two with petitions filed. The counts range from Money Laundrying in the first degree, Theft, Artificies and Poss of a forgery device... What are these things and how could I possibly be charged with this stuff for printing checks? Why wasnt a petition filed for all of these charges instead of just the two counts?
    You mean, a petition to waive the charges to adult court? It may be that a prosecutor charged pretty much everything that he could dream of for the juvenile court charges, but that they decided to waive to adult court only those charges where they are relatively certain of conviction. If you wish to know the specific elements of each charge to see how they might apply to your case, I suggest you review the Arizona crimial statutes.

    Quote Quoting undergrad
    What does it mean when a CA grades charges referred by the police "D"?
    You mean the County Attorney? ("CA" can stand for about a billion things.) It's something an Arizona lawyer could probably explain.

    Quote Quoting undergrad
    The victim is listed as my step father which I currently live with, he does not want to press charges and is not really sure why he is the victim, nor am I.
    Were his bank accounts involved in the forgery?

    Quote Quoting undergrad
    I'm being arraigned soon and will be obtaining a lawyer but I will not have one in time for arraignment, will I be able to delay arraignment until I have a lawyer? If I'm not able to then what are the possible pleas I can enter, besides guilty or not guilty? Would it not really make a difference if I entered a not guilty plea and then obtained a lawyer?
    If you retain a lawyer, you can have your lawyer attempt to adjourn the arraignment. Possible pleas usually also include "no contest", which is treated as a guilty plea.

  3. #3
    Join Date
    May 2006
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    3

    Default Re: Forgery and Money Laundering Charges

    Were his bank accounts involved in the forgery?
    No the checks had false check numbers and account numbers, just a string of numbers relating to nothing. They were very low tech, not meant to be passed off and anyone with reasonable intelligence could see they are probably fake. The only connection between the checks and the alledge victim is that it lists their bank on one of the checks, but does not mention their account number or any other identifying information. The bank listed is a fairly well known large bank.

    If the prosecutor is aware of all 100 checks when they make the initial charge, they should normally charge you with any and all offenses at that time. If you manage to hide 90 checks from the police or prosecutor, and attempt to pass them at a later date, it is likely that new charges would result.
    There are not a 100 checks, that was just an example. But what I was trying to understand is if say someone printed that many checks then it would equal 100 felony counts? I've never seen anyone get 100 felony counts for anything through my researching but according to the ARS it's like you could get 100 counts from my reading.

    You mean, a petition to waive the charges to adult court? It may be that a prosecutor charged pretty much everything that he could dream of for the juvenile court charges, but that they decided to waive to adult court only those charges where they are relatively certain of conviction. If you wish to know the specific elements of each charge to see how they might apply to your case, I suggest you review the Arizona crimial statutes.
    Actually here in Arizona a county attorney only has to make a motion at a initial appearence, which is what happened in my case. If I were a month younger I wouldn't have been transferred under ARS as I dont have any prior felony ajudications and I'm not a habitual offender.

    If you retain a lawyer, you can have your lawyer attempt to adjourn the arraignment. Possible pleas usually also include "no contest", which is treated as a guilty plea.
    What does adjourn mean? And how would a lawyer do that?



    A couple of other questions I hope you can answer:

    If someone pleads guilty to felony 4 forgery of a check, then later is brought to trial on the same charges of the same checks that were made at the same time then can he be found guilty twice of the same charges? Also if the police found 1 check, then another police officer found 2 checks would that be seperate counts?

    If someone commits felony 4 forgery and pleads guilty, then later is charged for possesion of a forgery device, a lesser included offense they are bared from prosecution because this offense was part of the commission of the forgery?

    If someone obtains a credit card fraudulently and then buys things with it, but then the victim agrees to allow the person pay them back... are they still liable for criminal charges or just bound to civily pay it back?

    If somone prints an obviously fake check with no intention to pass it off to a bank or someone else, are they guilty of forgery?

    If someone prints a check with no intention to use it and then someone else trys to deposit it or cash it with out that persons knowledge, who is then guilty of forgery?

    If an alledged forged check results in no financial loss, how can there be a victim in the case? Is it possible after criminal prosecution has begun to have the victim tell the court that you were given permission to use the checks, would this bar you from criminal proceedings?

    If someone makes a forged check and deposits that check into their bank account but the person who holds the account or "the victim" later says that they will accept payment for the financial loss and consider it a loan, is that bar to criminal prosecution?

    I was reading under the bad check laws of Arizona that if someone accepts partial payment for a bad check they received, then it is bar to criminal prosecution although the person still owes the other party the money but they are allowed to pay it back in form of credit/loan. So with that said, if someone makes a check with a persons account information, the victim lets him make partial payment of the ammount of the check, is that in turn a loan or credit? Would it only be a loan if the person gave consent to the defendent to make the check then accepted partial payment?

    So with all of that said, if someone gets permission from the victim of a check that it was ok to make the check on their behalf and that it was a loan in writing, makes an ititial payment and then has them sign a short statement saying on a copy of the check saying that the check was a loan and this is the first payment towards the check, then is the person who made the check still criminally liable for prosecution or would the charges be dismissed at court by the judge or prosecuter?


    Thanks Mr. Knowitall.... I hope you really do know it all, there's a lot of questions here.

  4. #4
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    Default Re: Forgery and Money Laundering Charges

    Enough questions that I have to take a pass, unfortunately. It's time to consult a criminal defense lawyer.

  5. #5
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    Default Re: Forgery and Money Laundering Charges

    Who would you recommend then?

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