IS UNCLE TOM GUILTY OF “UTTERING A FORGED INSTRUMENT”, FLORIDA STATUE 831.01 AND 831.02

Forgery or Uttering a Forged Instrument.

Under Florida law, the criminal offense of uttering a forged instrument is a third degree felony which is punishable by up to five years in prison. The most common factual scenario is that a person is accused of signing another person’s name to a document such as a check.

Forgery is defined as making or altering document with the intent to injury or defraud another person.

Uttering is presenting the document with the intention to defraud some other person.

A conviction for forgery or uttering a forged instrument are both considered to be crimes of dishonesty. A conviction for this type of charge shows up in even the most basic background checks.

ED, YOU KNOW WHAT THIS IS DON’T YOU? ASK HELEN SHE REMEMBERS.

Conspiracy To Commit a Felony Possible for all town professional staff including Mrs. Brazil, Meagan Logan, Mr. Whitehead and all members of the Town Council in addition to Mr. Jones since Conspiracy is a Separate Offense.

 

Definition of Conspiracy

In Florida, conspiracy is defined as an agreement by two or more persons to commit a criminal offense (Uttering a Forged Instrument), with the intent that the offense will actually be committed.

The crime of conspiracy is codified under Section 777.04(3), Florida Statutes, which provides:
A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy.

Required Proof

To prove the crime of conspiracy at trial, the prosecution must prove the following two elements beyond a reasonable doubt:

The intent of the defendant was that the offense (drug trafficking or any other crime) would be committed; and

In order to carry the intent, the defendant agreed, combined, or confederated with another person to cause the offense to be committed by either of them, or by one of them, or by some other person. Fla. Std. Jury Instr. (Crim) 5.3

Agreement and Intent Required

To sustain a conviction for conspiracy, the prosecution must establish both the agreement and actual intent to commit a crime. Rodriguez v. State, 719 So. 2d 1215 (Fla. 2d DCA 1998); Saint Louis v. State, 561 So. 2d 628 (Fla. 2d DCA 1990); Brown v. State, 967 So. 2d 440 (Fla. 4th DCA 2007).

Conspiracy is an Independent Offense

The essence of conspiracy is the agreement and the intent of the conspirators to act upon the agreement. As such, conspiracy is a separate and distinct crime from the offense which the conspirators seek to carry out. Ashenoff v. State, 391 So. 2d 289 (Fla. 3d DCA 1980) (citing Swindle v. State, 254 So. 2d 811 (Fla. 2d DCA 1971).
Acts in Furtherance of Conspiracy

To constitute a conspiracy under Florida law, it is not necessary to show that the defendant did any act in furtherance of the offense conspired. The agreement and intent alone are sufficient for criminal liability. Jimenez v. State, 715 So. 2d 1038, 1040 (Fla. 3d DCA 1998) (citing LaPolla v. State, 504 So. 2d 1353, 1357 (Fla. 4th DCA 1987)).

 

831.02 Uttering forged instruments.—Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s. 831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

 

831.01 Forgery.—Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of any clerk or register of a court, public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as a legal proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange or promissory note, or an order, acquittance, or discharge for money or other property, or an acceptance of a bill of exchange or promissory note for the payment of money, or any receipt for money, goods or other property, or any passage ticket, pass or other evidence of transportation issued by a common carrier, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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