Legal Question in Criminal Law in Texas

forgery

My husband cashed a income tax check that came in our mail under his name. They are trying to get him with forgery because it looks like there is somone else with his name. Since he does not have a record they think that someone put him up to cashing this check and there seems to be a middle initial that was faded. This was just an honest mistake in identity. There would be know way that he would have cashed this check knowing it was not his, much less using his license and social. We have 7 kids so he would not jeopardize his family in such an act. I know I need a lawyer, but is there any way that he can get out of this. They already have him convicted and told him if he can pass a polygraph that they would drop charges. We know he can pass, it is just I don't believe those things really work. Any advice from you would help. Or if you can refer us to a good attorney. Thank you


Asked on 2/07/09, 10:12 pm

1 Answer from Attorneys

Ruben Gonzalez Ruben Gonzalez, P.C.

Re: forgery

Which federal agency is prosecuting the case; FBI or IRS Criminal Investigation Division?

Has the case been indicted by a federal grand jury? Or, has your husband been identified as a target of a federal investigation? If the case has not been indicted, there may be an opportunity to give a statement to the federal agents to corroborate your husband�s claims and the agents may recommend to the Assistant United States Attorney that no prosecution should take place and the case be dropped. If, however, the case has been indicted, then you need to seek a competent federal criminal defense attorney as soon as possible.

A tactic of federal agent and other officers is to have the client give polygraph examination; I do not advise you give a polygraph without the advice of counsel who has met, retained and fully understand the questions that will be posed to the client. In most polygraph examinations, there is a pre-questioning of the client before the examination is given, and there is a post examination given by the poligrapher. It is true the law does not allow the examination results to be used during a trial, but the statements made in the pre and post examination questioning or statements are admissible in trial. DO NOT GIVE A POLYGRAPH OR LIE DETECTOR TEST WITHOUT THE ADVICE OF RETAINED COUNSEL; there are more details you must understand before attempting the lie detector test.

The agents or the prosecutor is under no obligation to give you advice and explain how they may use the information in or out of court. If you have any questions, please contact my office.

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Answered on 2/08/09, 1:30 pm


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