I have no prior criminal history, this happened over a year ago and the person pressing charges continued to hang out with me. Have lunch, go shopping and lend money, ect.. I'm currently in college, and raising my son alone.bc my husband/his dad is deployed to Afghanistan, am I going to get jail time or can I agree to restitution and probation/community service? I just need to know/do anything I can to stay out of jail and with my son.
The precise answer will depend on the particular sentencing laws of your state and the attitude of the prosecutor. You did not mention how much money was involved, or what you forged, but those facts will be important also.
I recommend creating file which includes a profile of yourself stressing all of your positive accomplishments, and your parental responsibilities (if there are no thoer nearby relatives to care for your children mention that too). Do not be shy - any volunteer work, church service, etc. And particularly the stress of your husband serving his country in time of war.
Also describe the crime in favorable terms - admit what you did, but include any mitigating facts, like severe financial hardship, what was done with the money, your friend's attitude that it was no big deal, lack of serious harm to your friend.
Type these entries up separately.
Finally, make every effort to put together a restitution payment that will cover as much of the amount as possible.
Then give all of this information to your lawyer and ask them to meet with the prosecutor and try to negotiate the best deal they can.
Forgery is always a felony in Kansas. There are always options when trying to work out a disposition on a criminal case. Your options include trial, negotiation, and possibly diversion. Diversion is a program for people who have not been in trouble before and who admit to having comitted the crime. If the prosecutor agrees your case may be put on hold for a period, usually one year, and if you do everything you are supposed to the case would then be dismissed. This means no conviction and no jail time. If you mess up the diversion it could be revoked and you would have to face trial without the right to confront their witnesses or the right to present your defense. Plea bargaining means that you would plead guilty to something and the prosecutor would do something for you. This could include dismissial of certain charges, reduction of charges, recommendation of probation or certain sentences. Trial means that you contest the charges and the state must prove you guilty beyond a reasonable doubt.
First time forgery does not have a required jail time, although the judge can impose shock time. You really must discuss the matter in detail with your attorney. He will be able to answer all your questions and present you with the best alternatives.
