Legal Question in Criminal Law in California

forgery with permission

my ex-boyfriend of less then a month co-sighned for me

to have a cosmetic surgery. the day the check arrived

from tha agency he was at work, a sighned check

needed to be submitted befor a deadline. he gave me

full permission to sign his name to his check. since we

have broken up i got laid off and was not able to make

payments. he said he would pick up the payments until

i got on my feet. in the meantime i started dateing

someone he''d known from school. jokingly this new

boyfriend mentioned the favor to their mutual friends,

and the message thanks for the boobs got back to

keith. now publicly embarrased he's decide that one he

can no longer hel me out and second that i had forged

his name without permission. this is a complete and

total lie, and he's willing to lie and put me in jail to save

face. had i known it wou ld turn out this way i never

would have done this so i guess the question is can i

be prosicuted for sighning someones name with

permission?

Asked on 6/12/02, 7:47 pm

2 Answers from Attorneys

Jacqueline Goodman Rubio Law Offices of Jacqueline Goodman Rubio
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Re: forgery with permission

A forgery "with permission" is not a forgery. A person may direct you to sign his name for him; this is perfectly legal. However, if you sign without such direction, you have committed a crime.

Obviously, your question then becomes a matter of proof and practicality; will your ex file a police report? If so, and a prosecution ensues, would you be able to provide any evidence of the fact that he directed you to sign his name to the check? (Circumstantial evidence of his assent to the arrangement, such as the passage of time before the reporting, comments he may have made to or in front of other witnesses suggesting his assent to the payment, etc., may be sufficient to show your innocence.)

If you have further questions or comments, feel free to contact me at (800)515-0233 or jgoodmanrubio@hotmail.com. Otherwise, good luck to you.

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law

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6/13/02, 2:16 am
Lyle Johnson Bedi and Johnson Attorneys at Law
0 users found helpful
0 attorneys agreed

Re: forgery with permission

You did not say whether the police have contacted you. If they have not do not make any statement to the police. You are required to give only your name and home address.

You should discuss this matter with an attorney. It appears that you may have several possible defenses.

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6/13/02, 2:29 am

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