Maryland’s Forgery Laws
The act of forgery in Maryland contains several elements that, when present, would add up to a convictable offense. In order to proceed, the prosecutor has to show evidence that would make a jury believe beyond a reasonable doubt that the state met its burden of proof. Forgery is the possession with intent to use, creation of, or use of a false writing designed to defraud someone. In some cases, forgery can be a federal crime as these cases cross state lines. If you are being charged with forgery, it is important to speak with a Maryland criminal defense attorney.
Overview of Forgery Laws
Forgery is covered under Md. Ann. Code §8-606.1, et. seq., which includes types of forgeries like:
- Possession of counterfeit documents with an intent to defraud
- Forgery of specified legal or financial documents
- Forgery of a state employee, court officer, or judge’s signature
Depending on the crime, you could be put in prison and ordered to pay a fine. If you make or knowingly use forged examples of specified legal or financial documents, you could be facing up to 10 years in prison and up to $1,000 in fines. Possession of these forged documents with the intent to use them in order to defraud someone carries penalties of up to three years in prison and a fine of up to $1,000.
Documents that fall under this category can include:
- Check
- Draft
- Letter of credit
- Entry in account ledger or book
- Promissory note
- Bond
- Power of attorney
- Deed
- Will
- Motor vehicle title
- Release
- Mechanics’ lien waiver or release
Forgery can also involve falsified medical prescriptions. Maryland’s prescription law does not make a distinction between possession and manufacturing. Both can be a misdemeanor charge with a maximum sentence of two years in jail. Given the growing problem with abuse of controlled substances and prescription painkillers, arrests are becoming more common and prosecutors are taking a more serious stance against this crime.
Counterfeiting
When the forgery involves making, altering, or using false currency, it is called counterfeiting. This is a serious offense and is prohibited by federal law. It is also illegal under Maryland state law, which could result in a felony charge with a 10-year maximum sentence.
Retaining a Maryland Criminal Defense Attorney
Being convicted of a crime, whether it is a misdemeanor or a felony, is something you need to take seriously. Even a misdemeanor can result in jail time and have long lasting legal consequences. If you are arrested in possession of fraudulent documents, you could struggle with future employment, getting a loan, getting approved for a credit card, or renting an apartment.
Having a skilled Maryland criminal defense attorney on your side is important. Even if you plan to plead guilty, an experienced attorney can help try to get the charges reduced through a plea deal. On the flip side, a skilled attorney can also keep you from agreeing to a plea deal that is unfair.
If you or a loved one have been arrested on forgery or counterfeiting charges, contact the Law Office of Robert R. Castro at 301-705-5137 to schedule an initial consultation.
