Legal Question in Criminal Law in Arizona

Charges

By the letter of the state law passing or turning in documents not containing correct information is forgery. The person signing the document under penalty of prejury gave you the form to turn in for them knowing they did not complete the required training hours they signed stating they did. They are not charge, but you are charged with the counts of forgery. At no time did you sign their signature you just turned in the form stating they completed the required training. You did not sign anything stating under penalty of prejury, just that you certify that they completed it.


Asked on 5/07/01, 8:12 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Charges

Forgery is a crime of intent. To be successfully prosecuted it would have to be shown that someone intentionally delivered a forged document knowning it to be forged in order to gain some advantage or reward. Intent must be proved beyond a reasonable doubt.

If you were unaware of the forgery it is difficult to see how, under the facts of your post, there could be a successful prosecution.

If you don't have an experienced criminal attorney advising you, you should.

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Answered on 6/20/01, 9:51 am


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