Legal Question in Criminal Law in Texas

A friend of mine in Texas went to open a bank account with an expired Drivers license (hers) that had been tampered with to make it seem still valid. The bank employee called the cops and subsiquently she got arrested. I understand its a violation under the Texas penal code 37.10. My question is what is the worst charge she could be hit with that is a Class A, B, C misdemeanor or a state jail felony? since it was her Id and it was just expired is it still considered "intent to defraud"? finally if she states another friend was the one who tampered with the DL what charges if any could or would be filled against that friend. Mind you this is her only offense ever not even a traffic ticket


Asked on 11/24/09, 10:38 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Forgery is the altering or making of an writing with the intent to harm or defraud another.

It is a class A misdemeanor, unless the altered writing falls into certain classes of financial documents, like checks, which makes the offense a SJF, or a 3rd degree felony if the writing is a government record, such as a drivers license.

Even though the document was her license, by changing so that it seemed valid when it was not, this can be considered intent to defraud.

If someone else altered the the document, your friend can still be charged with forgery since the definition of forge, includes passing a forged document

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Answered on 11/30/09, 12:24 am


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