How Lawyers Defend Against Forgery Allegations in Court

How Lawyers Defend Against Forgery Allegations in Court

Being accused of forgery can jeopardize careers, lead to substantial fines and prison time, and cause reputational damage. However, skilled defense lawyers can often beat the charges by exploiting weaknesses in the prosecution’s case. This article reveals techniques criminal defense attorneys use to fight forgery allegations in court.

Questioning the Validity of Handwriting Analysis

Prosecutors often rely heavily on handwriting experts to match a forged document to the defendant’s handwriting. But the defense will challenge the reliability of handwriting analysis by[1]:

• Highlighting studies showing handwriting analysis is unscientific and subjective
• Pointing out certification for handwriting experts is lax and qualifications vary widely
• Noting factors like stress and illness affect handwriting significantly

Discrediting the prosecution’s handwriting evidence weakens the case.

Introducing Alternate Explanations for the Forgery

Where the prosecution claims the evidence proves the defendant forged the document, the defense introduces plausible alternate theories. For example[2]:

• Another person with access and motive forged it to frame defendant
• Defendant’s signature was copied from another document
• It’s a sophisticated digital or paper forgery, not handwritten

By giving the jury reasonable doubts about who actually produced the forgery, it becomes harder to pin guilt on the defendant.

Attacking the Credibility of Handwriting Experts

The defense attorney thoroughly vets the background, credentials, and testimony record of any handwriting experts used by the prosecution. They look for[3]:

• Lack of relevant qualifications and training
• Previous errors, contradictions, or misstatements while testifying
• Financial incentives tied to their testimony

Undermining the credibility of handwriting experts makes their conclusions less convincing.

Questioning the Defendant’s Motive

Since forgery requires intent, the defense focuses on showing the defendant lacked any logical motive. Arguments may include[4]:

• Defendant gained nothing from the alleged forgery
• It was counterproductive to their interests
• There’s no evidence of any scheme or planning

Without a plausible motive, jurors are less likely to believe the defendant had criminal intent.

Using Industry Experts to Challenge Standards

Defense lawyers retain banking, accounting, or other industry experts to demonstrate[5]:

• Industry standards are complex and frequently misunderstood
• Even experts disagree over technical rules and norms
• Mistakes happen often even without criminal intent

This makes an innocent explanation more believable.

Introducing Evidence of Good Character

Presenting witnesses to vouch for the defendant’s law-abiding reputation and integrity helps create reasonable doubt. Friends, employers, etc. may testify about[6]:

• A reputation for ethics and honesty
• Dedication to their career
• Financial responsibility
• Lack of any past misconduct

This makes it harder to believe they would knowingly commit forgery.

Negotiating Plea Deals

Many forgery cases end through carefully negotiated plea bargains. Typical outcomes include:

• Pleading to reduced misdemeanor charges
• Avoiding any jail time
• Probation and community service
• Lower restitution payments

Plea deals provide certainty and often dramatically reduced penalties compared to losing at trial.

Educating Juries on Technicalities

In trials, the defense works to simplify complex financial terms and transactions to show the defendant likely did not act with criminal intent. The goal is to prevent convictions based on jurors’ misunderstanding.

Summary

While forgery allegations should always be taken seriously, an experienced criminal defense lawyer can often defeat charges by exploiting flaws in the prosecution’s case. Securing acquittals or favorable plea deals starts with raising significant doubts about both the evidence and the defendant’s motive.