Can some be charged for forgery regarding a check if it was never cashed?

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Can some be charged for forgery regarding a check if it was never cashed?

If someone got a business check and tried to cash it electronically but it did not go through, can you still be charged?

Asked on September 20, 2019 under Criminal Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, this can be done. The fact is that the act of committing forgery occurrred when the check was signed by someone using another's name and an attempt to cash it was made. The fact that it did not go through does not change that.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, they can be charged. A crime is still a crime even if unsuccessful: for example, it is still criminal to try to murder someone even if you shoot at them and miss (though admittedly then the crime is "attempted murder" not "murder"). It is still theft to take something not belonging to you, even if are stopped at the door (e.g. by security) and prevented from leaving the building with it. Similarly, to forge a check and attempt to cash it is still a crime even if the check did not go through.


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