Articles 470 to 472 of the Criminal Code cover a long list of documents that can be falsified, but they fall into three main categories: falsification of seals and manuscripts, forged signatures, and specific documents forged or altered. Penalties for infringement in these categories can be found on our Punishment and Conviction page. Here are some of the red flags that indicate possible document tampering: Forged signatures are one of the most common types of cases that arrive in the lab. Falsifications occur on all types of documents of wills, employment contracts, checks and all types of financial documents. Any document that relates to something of value runs the risk of being altered, manipulated or containing forged signatures. If a copy of an important document is offered instead of the original, proceed with caution! “The Smoking Gun” – A suspicious signature is the “smoking gun” of a fake document. Criminals forge signatures by tracing an original signature or by practicing the original signature. The similarity of a fake signature to the actual signature varies, from the mere appearance of the real thing to the appearance of the real signature. Some States punish counterfeiting offences according to the type of infringement committed. New York classifies forgeries into “degrees” based on the type of document that has been tampered with.
Cases of counterfeiting can be complicated and the possible penalties are severe. If you have been charged with forgery, you should contact a criminal defense lawyer. An experienced lawyer can review the facts of your case, help you understand the law, and advise you on your possible defenses. They can also represent you in court. Because the prosecution does not have the actual examination, it has no “direct” evidence. However, they have “circumstantial” evidence. If prosecutors want to prove that James forged a $500 check, they could put forward some circumstantial evidence. They will show that he desperately needed money. Then he received his ex-girlfriend`s checkbook; that he went to the bank; And when he was arrested, he had $500 with him. Allegations of falsification are very complex and sometimes difficult for a prosecutor to prove in court.
How can you help? First, if you believe your signature has been forged, contact our office immediately for a free consultation of your documents and the process of obtaining a written report or statement in court. Not all fakes have to do with a signature. We have reported some red flags, such as manipulated pages and deleted staples. Look for a document that is retouched, such as liquid paper or white, or that contains engravings or other signs of tampering. Such “corrections” are sloppy and make the document unnatural and suspicious. Changes made after the document was created are not valid, but it is often difficult to tell whether the changes were made before the document was signed or after the document was signed, so the court will likely only look at the original part before the document is amended, unless the lawyer who created it, testifies that he made the corrections before the document was signed. Falsification is the making, use, alteration or possession of a false document with the intent to commit fraud. Falsification can be the creation of a false document or the modification of a genuine document. Counterfeiting is a crime that is classified as a crime in all fifty states and by the federal government. Intent can be difficult to prove, and prosecutors will often rely on “circumstantial evidence” to show your intent. You will indicate your statements, actions and relationships with respect to their claim. At trial, they will ask a jury to conclude on your intention.
The notion of the type of expert you need is called a court document reviewer. While many people use the term “handwriting expert,” this term sometimes includes handwriting teachers, graphologists, or psychologists. The only way to prove a forgery in court is to hire an experienced court document reviewer and ask them to prepare a written report, create court exhibits, and make a personal oral statement. In some ways, it is harder to detect tampering now because there are so many methods that can be used to generate a document. The technology available to create documents is a bit overwhelming when we compare how documents were generated only 40 years ago. The widespread availability of printouts has led to a growing need for advanced security features in monetary and identity documents. The accessibility of document imaging software makes it easy to create and edit documents. Other commonly falsified documents include deeds, corporate documents, court seals, and records. I`m Heidi Harralson, Managing Partner of Spectrum Forensic International, LLC, a full-time handwriting and document review practice. I am court-qualified and board-certified court document reviewer and diplomat through the National Association of Document Examiners. Our firm, which includes two document reviewers, handles cases in the United States and abroad.
We work on a variety of civil and criminal cases and have been consulted by the prosecution and defence. Our file is not limited to traditional consulted documents (which include the normal course of business such as medical records, probate documents, contracts, deeds, etc.), but we are also consulted on works of art and historical documents. Publishing, research and education have been an important part of our professional experience. I have lectured internationally on handwriting studies to professional associations and universities, and I am an affiliate professor at East Tennessee State University, where I teach courses in forensic science and in particular forensic document examination. I have published original research in peer-reviewed journals and written textbooks on forensics. I have a Master of Arts in Handwriting Studies and Forensic Document Examination and a Crime Scene Forensics Technician Certificate. Lawyers should always seek the services of an expert if there is a questionable or controversial document. There are many factors involved in altered and falsified documents, and with advances in technology, a skilled forger can make documents nearly perfect. If you have any questions about the document, I recommend consulting a document reviewer. I have seen cases where the lawyer or client has tried to conduct their own assessment without fully understanding the extent of the falsification or how it was created. Sometimes clients are puzzled as to why the signature looks like theirs, but they know they didn`t sign the document. In other cases, signatures may appear “fake” or not look like comparison signatures, but they are genuine.
Health and medication complications can cause signatures to not look like real signatures. Electronically captured signatures are very complex cases that sometimes require the services of a court handwriting expert and a digital evidence expert. Document and handwriting reviewers are equipped with tools to detect, analyze and distinguish paper, printing processes, signatures, changes, pen ink, security documents, etc. When you see a fake document, you often feel like something is “wrong,” but you can`t say for sure. This sense of “not fairness” is usually created by a series of red flags: the accused must have used the document with the intent to deceive or deceive someone or entity. This is crucial because it prevents those who unknowingly possessed or signed false documents from being prosecuted. Under sections 470 through 472 of the California Penal Code, you may be found guilty of violating California`s counterfeiting laws if you create or modify certain materials with intent to commit fraud knowing that you were not authorized to do so. The prosecution must prove these two elements without a doubt. That is, the California jury must have no reasonable doubt that you miswrote the letter and intended to commit fraud. In order to do justice to their burden, the prosecution can rely on circumstantial evidence and direct evidence.
Under Section 470(b) of the Penal Code, you may be convicted of violating California counterfeiting laws if you forge someone else`s seal or handwriting. In most cases, prosecutors claim that by falsifying their handwriting or seal, you altered or created a document that you could use to defraud someone of money or property. Finally, under Section 470(c), you can be convicted of tampering if you alter or falsify legal documents. This forgery section applies to legal documents such as: “Pro-Se defendants often massacred in court” People`s signatures are no longer as unique as they used to be.