Forgery & Uttering Defense Attorney Massachusetts
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Forgery in Massachusetts means falsely making or altering a document with intent to defraud, and uttering means passing a forged document as genuine. Each carries up to 10 years in state prison upon conviction, and counterfeiting currency carries far more. We defend people facing these charges in District and Superior Courts throughout Greater Boston and Eastern Massachusetts.
Over 30 Years Defending Forgery and Uttering Charges in Massachusetts Courts
Forgery and uttering charges in Massachusetts range from a single altered check to counterfeit currency, and depending on the charge the maximum upon conviction runs from 5 years to life in state prison. They are often brought together with fraud and larceny charges. We have defended people facing these charges for over 30 years throughout Greater Boston and Eastern Massachusetts, as part of our financial crimes practice.
Understanding Your Situation
Being accused of forging a signature or passing a false document can feel like an accusation against your character, not just your conduct. Many of these cases grow out of family finances, a business relationship, or a document someone handed you that turned out not to be what it seemed.
If you are reading this, you may be worried about your job, your license, or what people will think. Many of the people we defend are good people who have had a really bad day, and a charge is the beginning of the story, not the end of it.
Two things about Massachusetts law surprise many people. A document that simply contains false information is not necessarily forged, because forgery concerns whether the document itself is genuine. And both forgery and uttering require proof that you intended to injure or defraud someone.
Understanding Forgery and Uttering Charges in Massachusetts
If you are looking at charging documents for forgery or uttering, the first thing to understand is that these are two separate but related offenses. Forgery is falsely making or altering a document. Uttering is offering or passing a forged document as genuine, and the same transaction is often charged as both.
Massachusetts forgery law covers forging documents, uttering forged documents, counterfeiting bank bills and traveler's checks, possessing counterfeit bills, and possessing counterfeiting tools. Forgery and uttering of ordinary documents such as checks and deeds each carry up to 10 years in state prison or 2 years in jail upon conviction. Counterfeiting currency is punished far more severely, with a maximum of life in state prison.
Forgery
For forgery, the Commonwealth must prove three things beyond a reasonable doubt: that you falsely made, altered, forged, or counterfeited a document, that the document is one of the kinds the statute covers, such as a check, deed, will, promissory note, public record, or power of attorney, and that you acted with intent to injure or defraud.
A document that simply contains false information is not necessarily forged. Forgery concerns whether the document itself is genuine, not whether what it says is true.
Upon conviction, forgery carries up to 10 years in state prison or up to 2 years in jail. Many cases involve checks, signatures on financial documents, and altered records, but the statute reaches a much wider range of documents.
Uttering False or Forged Records
For uttering, the Commonwealth must prove four things: that you offered or passed a document as true and genuine, that it was falsely made, forged, or altered, that you knew it was, and that you acted with intent to injure or defraud. You do not have to be the person who created the document.
The attempt does not have to succeed. Offering a forged check that a bank refuses is still uttering if the other elements are proved. Upon conviction, uttering carries the same maximum as forgery: up to 10 years in state prison or up to 2 years in jail.
Counterfeit Currency and Traveler’s Checks
Making counterfeit bank bills or traveler's checks with intent to injure or defraud is punished far more severely than ordinary forgery. Upon conviction, it carries up to life in state prison.
Passing counterfeit bills or traveler's checks as genuine, knowing they are counterfeit and intending to defraud, is a separate offense. Upon conviction, it carries up to 5 years in state prison, or a fine of up to $1,000 and up to 1 year in jail.
Possession of Forged Notes or Counterfeit Bills
Possessing counterfeit bills or traveler's checks is also a crime when you know they are counterfeit and intend to pass them as genuine. Upon conviction, possession carries up to 5 years in state prison, or a fine of up to $1,000 and up to 1 year in jail.
Possessing 10 or more similar counterfeit bills at the same time, with the same knowledge and intent, is charged under a separate provision that carries up to life in state prison upon conviction.
Both forms require proof of knowledge and intent. Someone who received a counterfeit bill in change, or who never meant to pass what they had, does not meet those elements.
Possession of Counterfeiting Tools or Materials
Making, or possessing with intent to use, plates, presses, paper, or other materials adapted and designed for making counterfeit bills or traveler's checks is a separate offense. Upon conviction, it carries up to 10 years in state prison, or a fine of up to $1,000 and up to 2 years in jail.
The intent element is critical. Owning printers, design software, or specialty paper for ordinary purposes is not a crime, and the Commonwealth must connect the items to an intent to make counterfeit currency.
Potential Consequences Under Massachusetts Law
We know you are already worried about what could happen. The consequences depend on which statute is charged, the kind of document involved, and whether the case is a single incident or part of a pattern.
Penalties upon conviction: Forgery and uttering of ordinary documents carry up to 10 years in state prison or 2 years in jail. Counterfeit currency offenses range from 5 years for passing or possessing counterfeit bills to life for making them or possessing 10 or more.
Related charges: Forgery and uttering are often charged alongside larceny, fraud, or embezzlement, which can increase the total exposure.
Restitution: Anyone who lost money has a legal right to ask that repayment be ordered as part of any disposition. Offering to repay later does not undo a charge, so any repayment should be discussed with your lawyer first.
Resolution without a conviction: In the District Court, a continuance without a finding may be available. The case is continued on conditions and dismissed if those conditions are met, with no conviction entered.
Your record: Because these offenses are felonies, a conviction can generally be sealed after a 7-year waiting period if other conditions are met, which we explain on our record sealing page.
Work and immigration: Because forgery involves dishonesty, a conviction can affect professional licenses and jobs that depend on trust. If you are not a U.S. citizen, even an admission to sufficient facts can carry immigration consequences, so that must be reviewed before any plea.
A charge is not a conviction. The Commonwealth must prove every element beyond a reasonable doubt, and these cases usually turn on authority, knowledge, and intent.
Possible Defenses Under Massachusetts Law
Right now this may feel hopeless, especially if there is a document with your name on it or footage of you presenting it. A document shows what happened on paper, but it does not show what you knew or intended, and those are what the Commonwealth has to prove.
No intent to injure or defraud: Both forgery and uttering require that intent. An honest mistake, or signing in a good-faith belief that you were allowed to, is not the same as intending to defraud.
No knowledge the document was forged: For uttering and counterfeit currency charges, the Commonwealth must prove you knew the document or bill was not genuine. Passing a check or bill someone gave you, believing it was real, is not uttering.
Authority to sign: Many cases involve signatures made for someone else, such as a parent, spouse, or business partner. If you had authority, the document was not forged. This defense generally requires timely written notice before trial, which is one reason to involve a lawyer early.
Forged versus false: A genuine document that contains false information is not a forgery. Where the real dispute is whether a statement in the document was true, forgery may be the wrong charge.
Who actually presented it: Many uttering and counterfeit cases rest on surveillance footage or a brief observation by a teller or clerk. The Commonwealth must prove beyond a reasonable doubt that you were the person involved.
Document not covered by the statute: The forgery statute lists the kinds of documents it covers. If the document at issue is not one of them, the charge may not fit.
A civil dispute, not a crime: Many disputed documents grow out of business or family disagreements. A disagreement over what someone agreed to is not a crime without proof of intent to defraud.
Unlawful searches and statements: Searches of phones, computers, and homes must comply with constitutional protections, and statements made to police can raise constitutional issues too. Evidence gathered unlawfully can be challenged and, in some cases, suppressed.
Every case is different, and the right defense depends on your facts. Call (978) 969-2890 to talk through yours.
When a Forgery Case Starts Before Any Charge
Many forgery cases begin with a bank's fraud department, a merchant's loss prevention office, or a family member's complaint rather than an arrest. What you do in that stretch can shape everything that follows, and it is often where a lawyer can do the most good.
The Clerk Magistrate Hearing
Forgery and uttering are felonies. If you have not been arrested, a clerk magistrate may hold a hearing before deciding whether to issue a criminal complaint. For a felony, that hearing is required if the police request one and is otherwise up to the court.
The question at the hearing is whether there is probable cause to believe you committed the offense. If there is not, the complaint should not issue and no criminal case begins. If you receive a notice of a hearing, speak with a lawyer before the date.
Banks, Merchants, and Your Records
Bank and merchant investigators often suggest that a short call or a written statement will clear things up. You do not have to answer their questions, and anything you say or write can become evidence. A lawyer can respond for you.
Leave your records alone. Massachusetts makes it a crime to alter, destroy, or conceal a record or document with the intent to impair its use in an official proceeding, so keep documents, devices, and accounts exactly as they are and let your lawyer handle what is preserved and produced.
If You've Just Been Charged with Forgery or Uttering
If you have just been arrested, received a summons or a notice of a clerk magistrate hearing, or been contacted by a bank or merchant investigator, take a breath. Here is what matters most right now.
● Don't talk to police or to bank, merchant, or insurance investigators without a lawyer present, even if you are told you can clear things up by giving your side of the story
● Don't sign anything presented by a bank, merchant, or alleged victim, including general releases, repayment agreements, or admissions, without consulting an attorney
● Don't repay the alleged loss before talking with a lawyer. Repayment can sometimes help, but its timing and form matter
● Don't discuss your case with anyone except your attorney, including coworkers, family members, or anyone who might later be interviewed
● Don't destroy or alter documents related to the alleged forgery, even if they look bad. Altering records to impair their use in a court proceeding is itself a crime
● Preserve all relevant records including emails, text messages, financial statements, original documents, and anything that might show authority, course of dealing, or third-party involvement
● Write down everything you remember about the relevant transactions, who was present, what was said, and the source of the documents at issue
● Don't post anything about your case, the alleged victim, the investigation, or your finances on social media
● Contact an experienced Massachusetts forgery and uttering defense attorney as soon as possible
Call (978) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.
Acting early gives your lawyer time to respond before any complaint issues, protect helpful evidence, and prepare your defense. You do not have to go through this alone.
● Don't talk to police or to bank, merchant, or insurance investigators without a lawyer present, even if you are told you can clear things up by giving your side of the story
● Don't sign anything presented by a bank, merchant, or alleged victim, including general releases, repayment agreements, or admissions, without consulting an attorney
● Don't repay the alleged loss before talking with a lawyer. Repayment can sometimes help, but its timing and form matter
● Don't discuss your case with anyone except your attorney, including coworkers, family members, or anyone who might later be interviewed
● Don't destroy or alter documents related to the alleged forgery, even if they look bad. Altering records to impair their use in a court proceeding is itself a crime
● Preserve all relevant records including emails, text messages, financial statements, original documents, and anything that might show authority, course of dealing, or third-party involvement
● Write down everything you remember about the relevant transactions, who was present, what was said, and the source of the documents at issue
● Don't post anything about your case, the alleged victim, the investigation, or your finances on social media
● Contact an experienced Massachusetts forgery and uttering defense attorney as soon as possible
Call (978) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.
Acting early gives your lawyer time to respond before any complaint issues, protect helpful evidence, and prepare your defense. You do not have to go through this alone.
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He was more than just my lawyer. He was my guardian angel during a very scary and desperate time in my life. He walked with me every step of the way and looked out for my best interest at every twist and turn. He stayed available seven days a week and within moments of my reaching out to him. I will be indebted to him forever. I knew I was in safe hands even though my matter kept me in constant fear. He gave me the courage to keep pushing forward and spent countless hours cheerleading me through an unspeakable experience.
Diane
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He was extremely knowledgeable and knew his way around the Diversion Program and the Court. He gave us all the information and potential results upfront. He explained the entire process to us from start to finish and he mapped out a plan of action that resulted in a favorable outcome for my child. I would recommend Attorney Stone 100 percent. Thanks to him my child has no criminal record.
Lisa
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I knew the moment I spoke to Ernie on the phone he was the real deal. He made us feel at ease during a very stressful time and fought for us. We won our case because of his perseverance and professionalism. He’s just a really good person who’s in your corner fighting for you. Thanks Ernie you’re the best!!!!
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They helped our family navigate a very delicate and complicated legal situation. We couldn't be more pleased with the outcome. And Ernie's down-to-earth demeanor helped us feel like we were being listened to and never being talked down to. I would highly recommend Ernie, as I am certain he would do his absolute best to achieve a best-case-scenario outcome for every single one of his clients.
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I would recommend them to anyone. From the first call I knew this was the right choice. Ernie kept my best interests in mind when representing me with results better than expected! I can’t thank them enough. Special shout-out to Joanne who is truly the nicest person. Their whole vibe was homely like family. Much love and appreciation to this group... even the 4 legged nugget running around their office.
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"I was in good hands..."
Before working with Ernie I was very unaware of how my future would be and felt alone in my case; that all changed once I had Ernie Stone as my lawyer. Very professional, very reassuring, very caring and helpful with any questions you may have. I can definitely say that there was always a smile on their faces and made me feel welcomed and well taken care of. I had no doubt in mind that I was in good hands and that I was going to be alright.
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What to Expect When You Call
We know this call is hard to make. You may feel embarrassed, worried about your career or your bank account, or unsure of what to say. That is okay. You do not need to have the right words.
● We will listen to your story and answer your questions
● We will explain the specific forgery or uttering charge and what the Commonwealth must prove
● We will discuss possible defense strategies and resolution options for your specific situation
● We will explain how an investigation might be addressed before formal charges issue
● We will explain our approach and how we can help you through this
● Everything you tell us is confidential
● There is no obligation to hire us
You do not need to have the answers. Just call, and we will take it from there. Phones answered 24/7 by a real person. Free, confidential consultation.
● We will listen to your story and answer your questions
● We will explain the specific forgery or uttering charge and what the Commonwealth must prove
● We will discuss possible defense strategies and resolution options for your specific situation
● We will explain how an investigation might be addressed before formal charges issue
● We will explain our approach and how we can help you through this
● Everything you tell us is confidential
● There is no obligation to hire us
You do not need to have the answers. Just call, and we will take it from there. Phones answered 24/7 by a real person. Free, confidential consultation.
We'll Get You Through the Storm
Forgery and uttering charges demand experienced legal representation. We can help you through this storm.
Call (978) 969-2890 for a free consultation.
Over 30 years of Massachusetts criminal defense experience. Serving Greater Boston and Eastern Massachusetts including Beverly, Salem, Lynn, Peabody, Gloucester, Newburyport, Lawrence, and Haverhill.
Call (978) 969-2890 for a free consultation.
Over 30 years of Massachusetts criminal defense experience. Serving Greater Boston and Eastern Massachusetts including Beverly, Salem, Lynn, Peabody, Gloucester, Newburyport, Lawrence, and Haverhill.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
