H
HibbiJibbi
Guest
First off all, I appreciate the fact that you are taking the time to read this. I will attempt to be brief but this will probably still end up as a rather long-winded post because I want to provide you with as much information as possible to form a response. This would also be a good time to mention that I have absolutely no criminal record.
I am charged with the following crime in the state of Alabama:
Section 13A-9-2
Forgery in the first degree.
(a) A person commits the crime of forgery in the first degree if, with intent to defraud, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
(1) Part of an issue or series of stamps, securities or other valuable instruments issued by a government or governmental agency; or
(2) Part of an issue or series of stock, bonds or other instruments representing interests in or claims against a business enterprise or its property.
(b) Forgery in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §4005.)
I am charged with this crime because I allegedly passed (2) counterfeit $20 bills at a gas station in that state.
My stance on the issue is that I can't say for sure whether I gave the cashier those bills or not but if I did I wasn't aware that they were fake. The bills looked real to me and if anything looked a bit on the "new" side.
The facts:
In June of last year I was travelling in a rental vehicle from my home in Louisiana to visit family in Georgia. I stopped for fuel in Alabama. The total including a soft drink came to approx $34. I payed the cashier with (2) $20 bills for which I recieved change. I then asked where the restroom was. The cashier indicated it was a few feet down a hall from her. I used the restroom and then left the building and continued on my trip. About 10 miles down the interstate I was stopped by a sherrif's deputy. I was taken back to the gas station where the cashier claimed I was the person who passed (2) counterfeit bills. I was arrested and gave permission to search my rental vehicle which was later impounded. They seized my laptop computer but later returned it as they found no evidence on it. Nothing else was siezed. No counterfeit money was found on my person. No equipment to counterfeit was found on me. I was released on a $2500 bond and retrieved my car. I was indicted in September but did not find out till mid February when I recieved a notice of the arraignment (I will explain this later if asked) The arraignment was on the 26th of last month.
The evidence against me which my attorney requested:
The 2 bills.
The cashiers statement which is exactly as I posted.
My questions:
1. It would appear to me that I am charged with the wrong crime. Even if the bills fit the description in that section doesn't the prosecutor have to prove I "falsely made, completed, or altered the instrument"? In that case based on the evidence above I don't see how he could. Prove I passed the bills... possibly. Prove I passed them with intent to defraud...possibly. But prove I made them?...impossible
I suppose what I am also asking is if he has to specifically argue what that law says or if he can go off in another direction.
2. My attorney is willing to take the case for $5,000 whether this goes to trial or not. Is this high? Low? About right?
3. My attorney mentioned that I could request that this be taken to a federal court. Anyone have any info on this? I ask becase I feel I am being "railroaded" in this town. Based on the evidence I don't see how this wasn't dropped already but according to my attorney her experience tells her the best the DA will offer is to drop this to a Class A misdemeanor before he takes it to trial.
I have more questions but this is already getting embarrasingly long so I cut it here. BTW, before you say I should be asking my attorney these questions, I have, but I get the feeling that I'm not getting straight answers from her and I haven't had a chance to consult with an attorney in my area yet. The choices in criminal defense attorneys in that town are slim but I am kinda stuck with them because the place just reeks of "Small southern town-good 'ol boy" politics and I needed advice from someone who knows the place.
I am charged with the following crime in the state of Alabama:
Section 13A-9-2
Forgery in the first degree.
(a) A person commits the crime of forgery in the first degree if, with intent to defraud, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
(1) Part of an issue or series of stamps, securities or other valuable instruments issued by a government or governmental agency; or
(2) Part of an issue or series of stock, bonds or other instruments representing interests in or claims against a business enterprise or its property.
(b) Forgery in the first degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §4005.)
I am charged with this crime because I allegedly passed (2) counterfeit $20 bills at a gas station in that state.
My stance on the issue is that I can't say for sure whether I gave the cashier those bills or not but if I did I wasn't aware that they were fake. The bills looked real to me and if anything looked a bit on the "new" side.
The facts:
In June of last year I was travelling in a rental vehicle from my home in Louisiana to visit family in Georgia. I stopped for fuel in Alabama. The total including a soft drink came to approx $34. I payed the cashier with (2) $20 bills for which I recieved change. I then asked where the restroom was. The cashier indicated it was a few feet down a hall from her. I used the restroom and then left the building and continued on my trip. About 10 miles down the interstate I was stopped by a sherrif's deputy. I was taken back to the gas station where the cashier claimed I was the person who passed (2) counterfeit bills. I was arrested and gave permission to search my rental vehicle which was later impounded. They seized my laptop computer but later returned it as they found no evidence on it. Nothing else was siezed. No counterfeit money was found on my person. No equipment to counterfeit was found on me. I was released on a $2500 bond and retrieved my car. I was indicted in September but did not find out till mid February when I recieved a notice of the arraignment (I will explain this later if asked) The arraignment was on the 26th of last month.
The evidence against me which my attorney requested:
The 2 bills.
The cashiers statement which is exactly as I posted.
My questions:
1. It would appear to me that I am charged with the wrong crime. Even if the bills fit the description in that section doesn't the prosecutor have to prove I "falsely made, completed, or altered the instrument"? In that case based on the evidence above I don't see how he could. Prove I passed the bills... possibly. Prove I passed them with intent to defraud...possibly. But prove I made them?...impossible
I suppose what I am also asking is if he has to specifically argue what that law says or if he can go off in another direction.
2. My attorney is willing to take the case for $5,000 whether this goes to trial or not. Is this high? Low? About right?
3. My attorney mentioned that I could request that this be taken to a federal court. Anyone have any info on this? I ask becase I feel I am being "railroaded" in this town. Based on the evidence I don't see how this wasn't dropped already but according to my attorney her experience tells her the best the DA will offer is to drop this to a Class A misdemeanor before he takes it to trial.
I have more questions but this is already getting embarrasingly long so I cut it here. BTW, before you say I should be asking my attorney these questions, I have, but I get the feeling that I'm not getting straight answers from her and I haven't had a chance to consult with an attorney in my area yet. The choices in criminal defense attorneys in that town are slim but I am kinda stuck with them because the place just reeks of "Small southern town-good 'ol boy" politics and I needed advice from someone who knows the place.
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