Fake Checks and Forgery

The use of fake checks in a fake check scam or other fake check fraud scheme includes the creation, endorsement or presentation of a forged check to a bank or other financial institution. Generally, in order for a charge to be filed, there must be an intent to defraud; if one did not act with the intent to defraud others, the individual is not guilty of the crime.  Nevertheless, this is usually an issue left to judges and juries to determine.

Laws Governing Fake Checks

While every state has different laws relating to the use of a fake check fraud scheme or fake checks scam, most states treat these matters as felonies.  Consequently, there are substantial criminal consequences if one is found guilty of the crime.  In addition, there may be federal laws applicable to the offense.

Penalties for the Use of Fake or Forged Checks

The legal chage is better known as Possession or Uttering of a Forged Istrument. There are various penalties for this charge which can be imposed upon an individual involved in a fake check scam, depending upon the jurisdiction.  If one is caught making a fake check and is found guilty of forgery, this person can potentially face a prison term, fines, probation, parole, restitution or community service.  Likewise, if one is caught cashing a fake check and is subsequently found guilty of check forgery, the person may incur a significant prison sentence, fines, probation, parole, restitution or community service.  Moreover, the felony conviction will remain on one’s criminal record and make it difficult to obtain certain types of licenses, jobs, and other endeavors.  Finally, if federal laws are involved, prison terms of up to thirty years and fines up to one million dollars may be assessed.

Getting Legal Help

If you have been charged with possession of a fake check or with forgery or intent to commit defraud based upon a fake check, it is imperative to consult with an experienced criminal attorney.  Not only can an experienced attorney help to protect your rights, but also the attorney may be able to negotiate a settlement.  Additionally, an attorney may be able to reduce the charges and minimize the negative impact of the matter.