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Facing Forgery Charges in Buffalo, NY? How a Lawyer Can Help

Facing Forgery Charges in Buffalo, NY? How a Lawyer Can Help

Getting charged with forgery in Buffalo can be an incredibly stressful and frightening experience. As someone who is facing these charges, you’re probably filled with questions and uncertainty about what to do next. The good news is, you don’t have to go through this alone. Having an experienced criminal defense lawyer on your side can make all the difference in how your case turns out.

In this article, we’ll walk through some of the basics of what forgery charges involve in Buffalo, the potential penalties you may be facing, and most importantly, the ways a knowledgeable lawyer can defend you and help you get the best possible outcome.

The Benefits of Having a Lawyer for Your Forgery Case

Facing forgery accusations in Buffalo can feel overwhelming, but a good lawyer can help make the process easier to navigate. Here are some of the key benefits of having legal representation:

  • They know how to examine the evidence critically. Forgery cases often rely heavily on documentary evidence like handwriting analysis, signatures, and more. An experienced lawyer knows how to closely analyze this kind of evidence to identify any flaws, inconsistencies, or lack of hard proof tying you to the crime.
  • They can negotiate with the prosecutor on your behalf. Prosecutors know that solid legal representation means they probably won’t get an easy win. Your lawyer can negotiate with the prosecutor to potentially have charges reduced or even dismissed. This is something you generally can’t do effectively on your own without experience.
  • They can identify weaknesses in the prosecution’s case. Lawyers with experience handling forgery allegations will know how to exploit weaknesses in the district attorney’s case against you. For example, if chain of custody of evidence was broken or if your Miranda rights were violated during questioning.
  • They can obtain expert witnesses to fight the charges. In some cases, hiring a handwriting expert or forensic document examiner can help undermine the prosecution’s evidence of forgery. A good lawyer knows when expert witnesses may be needed.
  • They know how to defend your rights at every stage. From interactions with police and prosecutors to court hearings and a potential trial, an attorney safeguards your rights. They can ensure proper procedures are followed and know how to shield you from making self-incriminating mistakes.
  • They can get charges reduced or dismissed pre-trial. There are various pre-trial motions your attorney can bring to get charges thrown out due to technicalities or constitutional rights violations.
  • They can mount an aggressive defense at trial. If a trial is unavoidable, a seasoned lawyer’s courtroom skills can be the difference between a guilty verdict or an acquittal. They know how to attack the DA’s case, present reasonable doubt, and advocate effectively for your innocence.

Having the right legal defense can make or break how forgery charges play out. Don’t leave your future up to chance – get experienced representation on your side.

Understanding the Potential Penalties if Convicted

The penalties for a forgery conviction in Buffalo vary based on the specific charges and your criminal history. But generally:

  • For a Class D felony like second degree forgery or criminal possession of a forged instrument, you face up to 7 years in prison and a fine up to $5,000.
  • For a Class A misdemeanor like third degree forgery, you face up to 1 year in jail and a fine up to $1,000.
  • Probation or a conditional discharge are also possible sentences the judge can impose rather than incarceration.
  • Aggravating factors like prior felonies on your record can potentially increase the penalties.

These sentences are harsh, underscoring why skilled legal counsel is so crucial. An attorney’s job is to prevent conviction and incarceration using every tool at their disposal.

Bail and Pretrial Release Considerations

After an arrest for forgery allegations in Buffalo, you’ll have to deal with the bail process. Factors like the seriousness of charges, criminal history, employment, and ties to the community will determine if you are:

  • Released on your own recognizance (ROR) – Allowed to go free pending trial based on your promise to return to court.
  • Released on bail – Allowed to go free if you or a bail bondsman can pay the bail amount set by the judge.
  • Remanded into custody – Kept in jail pending the outcome at trial if the judge determines you are a flight risk or danger.

Your lawyer will argue for the least restrictive bail terms or your release ROR. They can also petition the court to get bail terms modified if needed. Bail reform laws have aimed to reduce pretrial incarceration of those accused but not convicted of crimes. But money bail is still used in NY and can be a barrier to release if you can’t afford what’s set.

A lawyer knowledgeable of the bail system can advise you of your options and rights through the process to try to gain pretrial release.

Finding the Right Lawyer for Your Case

If you or a loved one are facing forgery allegations in Buffalo, finding the right lawyer should be your top priority. Here are some tips:

  • Look for an attorney experienced specifically in criminal defense – it’s a specialized area of law.
  • Find someone familiar with local courts and prosecutors. Relationships and reputation go a long way.
  • Consider lawyers with past experience handling forgery cases. Look for relevant case results.
  • Understand the costs and fee structures. Get fee information upfront before deciding on representation.
  • Choose someone you feel comfortable with and can be open and honest with. Trust your gut.
  • Find a lawyer who is responsive and accessible when you have questions. You need support.
  • Check reviews and ask people in your local legal community for referrals to top defense lawyers.

Don’t take chances with your future. The consequences of a forgery conviction can follow you for life. Be proactive in finding the best legal defense attorney you can afford.

What an Attorney Can Do to Fight Forgery Charges

Once you’ve retained legal counsel, there are a variety of proactive steps they can take to start building your defense case and protect your rights:

  • Review prosecution evidence critically – Explore every avenue to exclude evidence, undermine it, or suppress it from being used at trial.
  • Conduct an independent investigation – Your lawyer can interview witnesses, track down surveillance footage, obtain documents and more to build your case.
  • Negotiate with the prosecutor – Seek get charges reduced or dismissed through effective negotiation prior to trial.
  • File pretrial motions – Bring motions before a judge to get charges thrown out due to technicalities or constitutional rights violations.
  • Advocate for pretrial release – Argue for the least restrictive bail terms or your release on recognizance pending trial.
  • Utilize expert witnesses – Retain handwriting experts, forensic document examiners, etc. to contest forgery evidence.
  • Develop an alternative theory of the case – Construct a version of events that casts reasonable doubt on your guilt.
  • Aggressively cross examine witnesses at trial – If it goes to trial, your lawyer will tenaciously question witnesses to undermine the DA’s version of events.
  • Make compelling arguments – In hearings and at trial, your lawyer will aggressively argue weaknesses in the prosecutor’s case and your innocence.
  • Negotiate a plea bargain if appropriate – If the evidence is stacked against you, they can try to negotiate a fair plea deal to minimize penalties.

With an attorney fighting for your rights, you stand the best chance of contesting the charges and avoiding conviction and penalties that will follow you for life. Don’t go it alone against the power of the criminal justice system.

Common Defenses Lawyers Use Against Forgery Charges

Skilled criminal defense lawyers have numerous strategies they can use to defend against forgery allegations and raise reasonable doubt of guilt. Some common defenses include:

  • Lack of intent – Forgery requires prosecutors prove you intended to defraud or deceive someone. Your lawyer can argue you lacked requisite intent.
  • Mistake or accident – It may have been a simple error or mix-up rather than intentional forgery.
  • Duress or coercion – You were forced or coerced by threats into the forgery.
  • Intoxication – You were under the influence of drugs or alcohol and unable to form intent.
  • Mental defect – Due to mental illness, you did not have capacity to understand the criminality of actions.
  • Misidentification – Prosecutors have the wrong person – it was someone else who did the forgery.
  • Document tampering – The document in question was altered after you handled it, calling its authenticity into question.
  • Violation of rights – Your rights were violated in the police investigation or arrest, making evidence inadmissible.

An experienced lawyer will look at every angle of your case to figure out what defenses give you the best chance at acquittal or mitigating penalties. Don’t let charges go unanswered – fight back with a lawyer on your side.

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