Forgery refers to the offence of creating a false document with the intention that it be used as genuine or be used to convince another person to do something.
The document does not have to accurately resemble an authentic document. For example, you could be charged with forgery for creating a “fake id”, even if they do not look like the real versions if the intention was for them to be believed as genuine. On the other hand, a novelty item not intended to be used or portrayed as genuine will not be considered a forgery.
The offence of forgery can be prosecuted in two ways: through summary conviction or indictment. This is a decision made by the Crown Prosecutor without the Court’s discretion.
A summary offence is one which is generally considered less serious and will be heard by a Provincial Court Judge. Alternatively, indictable offences are considered to be more serious and generally carry a higher punishment if convicted.
When You Are First Charged
If you are charged with forgery, you will not necessarily be formally arrested by police. Instead, the responding officers may charge you and provide you with an Appearance Notice or Promise to Appear. If you are taken into police custody and formally arrested, you may be released on an Undertaking which may contain conditions. In some situations, you may be detained and require a Bail Hearing. In this case, a Justice of the Peace will decide whether you should be released prior to trial, and what conditions you must follow.
If you are released on conditions, you could face additional charges if you do not follow them. Such conditions may include a no-contact order, which prohibits you from contacting the victim of the alleged forgery or not attending a certain address.
It is important that you keep any documents provided to you by police. These notices will inform you of the date and time of your first appearance in Court and any conditions you are required to follow. You may also be required to attend a police station to provide fingerprints. If you fail to do so, you will likely face additional charges.
Your documents will also tell you where to attend Court. Usually, it is in the same city or town where you were charged. Sometimes smaller communities do not have a Courthouse and you may need to attend court in a neighbouring community.
What You Can Expect
It is important to contact us right away at 780-686-7948 if you have been charged with forgery. Mr. Rory Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.
A criminal conviction may result in you facing a number of consequences and challenges, even after sentencing is complete. You may be prohibited from entering certain countries, such as vacationing in Mexico or Europe. If you are not a Canadian citizen, you could face additional immigration consequences.
Even if this is your first encounter with criminal justice system, you could also face challenges in obtaining or retaining your employment as the offence of fraud is commonly considered a “crime of dishonesty”.
Facing a charge of forgery can be intimidating and a number of defences may be available to you. The best defence, however, is a thorough and properly executed one.
Sentencing
While each case is unique, possible sentences include:
- Jail (Up to 10 Years)
- Fines
- Probation
- Discharge