Legal Question in Criminal Law in Alabama

possession of forged instrument

i am charged with this felony secret shopper check i cashed they called police fake check warranted signed $5000 bond only sheriff can approve property bond he is not in wont turn myself end until he is there so i wont have to stay over night to miss work, check came from canada have envelope the letter that came they think i typed the check up what should i do...montgomery, alabama


Asked on 8/22/08, 10:35 pm

1 Answer from Attorneys

William Pfeifer Pfeifer LLC

Re: possession of forged instrument

Get all the paperwork together related to the property to show it can be posted as a property bond. You need a copy of your deed and your tax assessment showing the value of the property, along with anything else showing the current property value (such as a recent appraisal, if you have one). If there is a mortgage on the property, you need to bring documentation related to it - especially something showing how much you owe. Some jails will not approve a property bond if there is a mortgage on the property, so if there is a mortgage make sure to find out in advance whether they will approve it.

If your property does not qualify for the property bond, you can still get out on bond by either posting the $5000 cash, or by paying a bail bondsman to post the bond for you. A bondsman will typically charge you a fee of 10% to get you out of jail, so in your case you are probably looking at a $500 fee.

To ensure you get out of jail without being stuck overnight, the best idea is to turn yourself in at the jail very early in the morning. It is common for the process to take a long time, so don't risk going late in the day only to get stuck overnight.

You might consider a bondsman, just for the simplicity of the process. The bondsman will go with you to turn yourself in with your paperwork already filled out, and will have you back out the door very quickly. The bondsman will require you to have a cosignor on the bond, so make sure you have someone willing to guarantee you will appear in court.

Regarding approval by the sheriff, this bond condition typically refers to approval by the sheriff's office, and does not require the sheriff himself to personally approve the bond. You don't need to speak to the sheriff, you just need to speak to whichever employee of his handles property bonds.

From your description of the situation, it sounds like you are charged with possession of a forged instrument in the second degree. Possession of a forged instrument in the second degree is a Class C felony in Alabama. It carries a range of punishment of 1 to 10 years in the state penitentiary, and a fine of up to $15,000. You need to hire an attorney to represent you in this case as soon as possible. Do not try to represent yourself on a felony case.

Our office represents clients all over the state, so if you wish to speak to us please feel free to call. To speak to me personally, call my office and press 1 to reach my direct extension.

Good luck, and let us know if we can help.

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Answered on 8/22/08, 11:13 pm


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