What can happen if you are charged with forgery but have made restitution?

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What can happen if you are charged with forgery but have made restitution?

I have been charged 42 counts of forgery, uttering forged documents, and obatining money on forged document. However, I have paid back the money wrongfully taken back. The complainant has written a letter to this effect. I  pledguilty. Since this is my first offense, what can happen? I want a suspended sentence.

Asked on October 11, 2010 under Criminal Law, Alaska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you should hire an attorney in your area on this issue and speak with him or her as to the specifics of bargaining a sentence in your favor.  Even having paid the money back, with 42 counts it seems that you may have to do a bit more to obtain the sentence you would like.  Restitution is generally only part of a sentence and not the entire one that can be given.  And although I am not saying that it was not a good thing, I think you should be prepared to hear that the Judge orders you whatever the law will permit him to. Also, were you charged with forgery in the first or second degree?  Both come with prison time AND/OR fines (from 3 to 20 years).  So hopefully your subsequent acts will be enough to sway the Judge in the discrection of the fines.  Good luck. 


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