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  1. #1
    lwillis1971 is offline Junior Member
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    Mar 2011
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    What is the probability of jail time for a 1st offence Forgery (2nd degree)?

    I was recently arrested and charged with 2nd degree forgery (2 counts, I believe). About 4-5 yrs ago I refinanced mine and my husbands home in order to pay off family debt. I DID NOT personally gain a dime as I still live pay check to pay check. I also did not do this with the intent to defraud my husband. I was simply trying to keep our bills paid as we were living way beyond our means. I know what I did was wrong and I will never deny that. I wish I had never done it. But having said that, I do not feel that I deserve to go to jail (as most probably feel, I am sure). I have a small child still living at home and have worked for a local school district for the past 12 yrs. All in one day I was arrested, posted bail and suspended (with pay) from my job pending further investigation. After researching I have found that I am in serious trouble. From what I have read that 3 yrs (in Arkansas) is the minimum I can receive. Can someone please help me. I am freaking out and cant get a moments peace.I am scared that I have lost my only source of income for good and that I will actually go to jail for any period of time. What is the probability of what I will actually be convicted of and what is the probability of my sentence will actually be?
  2. #2
    dave33 is offline Senior Member
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    There is no way to tell what the chances are. By the sounds of things it is not good for you. When you were arrested, did you make a statement? If so that makes the likelyhood of conviction go up and your only little bit of leverage for your plea deal go down. Can you afford an attorney? Do you have any kind of job protection (union, contract)?This situation may bring some pain. goodluck.
  3. #3
    lwillis1971 is offline Junior Member
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    I did not give a statement when I was arrested. There was a civil suit filed 3 yrs ago to which he sued the mortgage company, title company and myself. We had our trial the week before my arrest to which we have still not received the verdict. Now a letter I was given in court from the P.A. says that a prosecution would require the full cooperation of the financial institutions. My attorney has said they have all agreed to not cooperate and that it was their position that my ex husband had not been defrauded. And that it was in their best interests to not help the prosecution as that would admit some negligence on their part. Now having said all that, from what I have read the prosecutor must prove that not only did I sign his name but I did it with the intent to defraud him money or rights. How can they prove the later if it was his debt as well as mine that was paid off with the refinance? As for my job.....I have now been fired because of my arrest. I know my question is hard to answer. I am only asking what the norm is. I have no priors of any kind. I was hoping the charges would be dropped, but somehow I dont see that happening. Any advise or answers would be greatly appreciated. (I do have an attorney, but he is very hard to talk to about this. The typical response I get is that the judge can do whatever he wants to.)
    Last edited by lwillis1971; 03-15-2011 at 11:16 AM.
  4. #4
    xylene is offline Senior Member
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    Umm, you paying off a family debt is personal gain.

    For whatever reason the prosecutors have decided to pursue this matter, despite the seeming lack of complaining witnesses.

    That doesn't mean there was no crime.

    This is going to take months, if not years to resolve. (excluding any jail time)

    So try to calm down and just stay focused.

    If you are trying to get leniency from anyone, especially the courts super especially in front of a jury, DON'T bring the "I had to do it for my family schtick." or the "We were drowning in debt." I won't bring your favor, exactly the opposite.

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