Being accused of forgery is a serious legal matter that can lead to criminal charges, fines, and even jail time. Forgery typically involves the falsification of a signature, document, or other writing with the intent to deceive or defraud. Here, our Charleston criminal defense lawyer explains the steps that you should take if you have been arrested for forgery in South Carolina.
Step #1: Exercise Your Right to Remain Silent
If you are charged with forgery in South Carolina, the most important immediate step is to remain silent when questioned by law enforcement. Anything you say can be used as evidence against you in a criminal case. You are not legally required to answer investigative questions without an attorney present. You should politely but firmly state that you are invoking your Fifth Amendment right against self-incrimination.
Step #2: Know the Law for Forgery in South Carolina
Under South Carolina law (South Carolina Code Section 16-13-10), forgery involves falsely making, altering, forging, or counterfeiting any writing or instrument with the intent to defraud. Some specific examples include checks, contracts, legal documents, or identification cards. Forgery is treated as a felony offense. The penalties vary, in part, based on the type of document and the amount of financial harm caused. That being said, forgery can carry a maximum of ten years in prison in some cases in South Carolina. Understanding the specific statutory elements of forgery in South Carolina is essential for navigating a criminal charge.
Step #3: Seek Professional Legal Representation
You do not have to go up against police or prosecutors alone. Hiring an experienced South Carolina criminal defense attorney is crucial after a forgery charge. A skilled lawyer can explain your rights, review the prosecution’s evidence, and identify weaknesses in the case. They will ensure procedural rules are followed, challenge improper searches or seizures, and negotiate with prosecutors when appropriate. The right Charleston forgery defense lawyer can make a big difference in your case.
Step #4: Develop a Criminal Defense Strategy
Criminal defense is not one-size-fits-all. The right strategy for another person may be a poor fit for your forgery case. A strong defense strategy is tailored to the facts of your case. Some possible defenses to forgery charges include lack of intent to defraud, mistaken identity, insufficient evidence, or evidence obtained in violation of your constitutional rights. Your attorney may consult handwriting experts, forensic accountants, or other specialists to dispute the prosecution’s claims. In some cases, an aggressive defense is best. In other cases, a plea deal may be viable.
Contact Our Charleston, SC Forgery Defense Lawyer Today
At Query Sautter & Uricchio, LLC, our Charleston criminal defense lawyer has the skills and experience to defend forgery charges. If you or your loved one was arrested for forgery, we are here to help. Contact us today for a free, no-obligation initial consultation. With an office in Charleston, we defend forgery charges throughout the region in South Carolina.