Q: How would I prove act was not done with knowledge of use of a forged instrument? at what hearing would I present?
Recieved Check from a Business out of state for online marketing and advertisments. Cashed it at a check cashing company. I was contacted by business that the check was not cleared and arrested. Charged with In state of alabama for possession of forged instrument in the second degree Class C felony. It specifies that person must have knowlege that it is forged and with intent to defraud. I cash check on good faith of business. How do I prove that it was not with knowlege.
A:
The proper forum for presenting your evidence that you did not have knowledge of the forgery would be the jury trial. At the trial, the State will have the burden of proving your guilt beyond a reasonable doubt. They will have to do more than prove that you cashed the check, they will have to prove that you knew it was forged and that you had the intent to defraud. You do not have to prove your innocence, they have to prove your guilt.
That said, it would be wise for you to provide your attorney with all the evidence you have that shows you did not know the check was forged. For example, if you have emails, letters, phone records, proof of the work you did for the company, or other evidence that shows you were a crime victim rather than a criminal, your attorney can present that during your trial as well.
It is difficult to advise you in any further detail without knowing more specific facts about the situation. I would advise you to hire an experienced criminal defense lawyer as soon as possible to start building your defense to this charge.
Good luck to you. If we can be of any assistance, please feel free to call or to send me an email.
Bill Pfeifer
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