What should someone do after being accused of criminal possession of a forged instrument in the third degree?

They should avoid explaining the documents or transactions to police, banks, employers, agencies, or investigators before speaking with counsel. Early legal work can preserve records and protect against damaging statements.

Why does the exact forgery charge matter?

Forgery and possession-of-forged-instrument offenses have different elements and degrees. The exact charge can affect felony level, plea posture, collateral consequences, and the proof prosecutors must present.

New York Fraud and Forgery Defense

New York Criminal Possession of a Forged Instrument in the Third Degree Lawyer

Lebedin Kofman LLP defends clients charged with criminal possession of a forged instrument in the third degree in New York, including document, check, card, identification, and records allegations.

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Defense for criminal possession of a forged instrument in the third degree

Possession of a forged instrument cases are different from forgery because prosecutors may claim the accused possessed or used a forged item, even if someone else allegedly made it. The defense must focus on knowledge, intent, and possession.

The New York Courts Penal Law jury-instruction table lists Article 170 Forgery and Related Offenses as its own offense group, so these charges deserve degree-specific defense pages rather than only a generic forgery page.

What Prosecutors May Focus On

Prosecutors may rely on the item recovered, transaction records, surveillance, witness statements, police observations, bank records, account data, and alleged admissions.

Whether the document or instrument qualifies under the charged statute.
Whether the accused made, altered, possessed, used, or knew about the allegedly forged instrument.
Whether intent to defraud, deceive, or injure can be proven beyond a reasonable doubt.

Defense Issues to Review Early

Defense issues include whether the accused knew the instrument was forged, whether possession was proven, whether there was intent to defraud, whether others had access, and whether searches or statements can be challenged.

Document authenticity, authority, intent, knowledge, and identity.
Bank, employer, agency, or business records that may explain the transaction.
Search, seizure, subpoena, and statement issues.

Related Defense Pages

Contact a New York Forgery Defense Attorney

If you are under investigation or charged with criminal possession of a forged instrument in the third degree, speak with counsel before discussing documents, signatures, transactions, or records with investigators.

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Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts, evidence, procedural posture, and applicable law.