If you are accused of forgery in Denton County, you may be facing arrest, a costly bond, and long-term damage to your reputation. Texas law defines forgery as making or altering a document with intent to defraud or harm another, and bond amounts can range from $1,000 to $50,000 based on the type of document and value at issue. Understanding the charge—and your defense options—starts with knowing what prosecutors must prove.
Varghese Summersett regularly defends clients facing forgery and fraud allegations in Denton County and throughout North Texas. Our criminal defense team includes Board Certified Criminal Law Specialists with decades of experience handling complex misdemeanor and felony cases in Denton County courts. We are known for pursuing dismissals, charge reductions, and other favorable resolutions while preparing every case as if it will be tried. With deep familiarity with local procedures, prosecutors, and courts—and the resources of a firm with offices across Texas—we provide focused, strategic defense for individuals accused of forgery in Denton County.
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What Types of Documents Lead to Forgery Charges?
Forgery charges in Denton County typically involve several categories of documents:
Financial instruments account for the majority of forgery cases. Checks, money orders, credit card receipts, and bank drafts fall into this category. Government documents like driver’s licenses, Social Security cards, vehicle titles, and birth certificates also trigger forgery prosecutions. Commercial documents such as contracts, deeds, wills, and court orders round out the common forgery cases seen in Denton County courts.
The prosecution must prove you intended to defraud or harm another person. Innocent mistakes with documents don’t meet this standard. Each case turns on what you knew and what you intended when you created or altered the document.
How Texas Law Defines Forgery
Texas Penal Code § 32.21 establishes the legal framework for forgery prosecutions. The State must prove specific elements beyond a reasonable doubt to secure a conviction. The burden of proof rests entirely on the prosecution. The defendant has no obligation to prove innocence.
The prosecution must establish that you:
First, forged a writing. This means you altered, made, completed, executed, or authenticated any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.
Second, you acted with intent to defraud or harm another. The State must prove you had a specific mental state when you forged the document.
What Penalties Do You Face for Forgery in Denton County?
Forgery penalties in Texas depend on what was forged:
State Jail Felony (Most Forgery Cases): Most forgery cases are prosecuted as state jail felonies, punishable by 180 days to 2 years in state jail and a fine up to $10,000.
Third Degree Felony (Government Documents, Money, Securities): If you forge government or national institution records, money, securities, postage, revenue stamps, or other instruments issued by a state or national government, the charge elevates to a third degree felony. Penalties include 2 to 10 years in prison and a fine of up to $10,000.
Enhanced Penalties Based on Value: When the forgery involves financial instruments, the degree of offense increases with the value involved. Forgery of financial instruments valued at $2,500 to $30,000 becomes a third-degree felony. Values between $30,000 and $150,000 trigger second-degree felony charges (2-20 years). Values between $150,000 and $300,000 result in first-degree felony charges (5-99 years or life). Values over $300,000 also result in first-degree felony charges.
Collateral consequences extend beyond incarceration. A forgery conviction creates a permanent criminal record that affects employment, professional licensing, housing applications, and educational opportunities. Financial institutions permanently flag individuals with fraud-related convictions.
What Are Typical Bond Amounts for Forgery in Denton County?
Based on an analysis Varghese Summersett completed of over 12,937 bonds in Denton County, typical bond amounts for forgery vary by the specific charge:
| Charge Type | Typical Bond Range | Most Common Bond |
|---|---|---|
| Forgery to Defraud or Harm Another | $5,000 | $5,000 |
| Forgery Financial Instrument (Enhanced) | $2,500 – $10,000 | $10,000 |
| Forgery Financial Instrument $2,500-$30K | $5,000 | $5,000 |
| Forgery Financial Instrument $300K+ | $50,000 | $50,000 |
Magistrates consider several factors when setting bond: the value involved, your criminal history, whether the forgery targeted elderly victims, ties to the community, and flight risk. Bond hearings provide an opportunity to request bond reduction based on these factors.
How Can You Defend Against Forgery Charges?
Successful forgery defense requires challenging the State’s ability to prove each element beyond a reasonable doubt.
Lack of Intent: The prosecution must prove you intended to defraud or harm another. Evidence showing you made an honest mistake, lacked knowledge the document was forged, or had authorization to sign the document negates the intent element. Many forgery cases involve misunderstandings about signing authority rather than criminal conduct.
Authorization: If you had actual or apparent authority to sign or alter the document, no forgery occurred. Business relationships, power of attorney arrangements, and agency relationships often establish legitimate signing authority. The State bears the burden of disproving authorization beyond a reasonable doubt.
No Forgery Occurred: The prosecution must prove a writing was actually forged. Handwriting analysis, document examination, and signature authentication can establish that no forgery occurred. Expert testimony often plays a role in challenging the State’s claim that a document was forged.
Insufficient Evidence: The State must connect you to the forged document through admissible evidence. Chain of custody issues, lack of fingerprints or DNA evidence, absence of eyewitness testimony, and gaps in the State’s proof create reasonable doubt.
Constitutional Violations: Evidence obtained through illegal searches, coerced statements, or other constitutional violations must be suppressed. Motions to suppress can eliminate key evidence the State needs for conviction.
What Happens When You’re Arrested for Forgery?
The legal process begins the moment police take you into custody.
Arrest and Booking: After arrest, police transport you to the Denton County Jail for booking. The booking process includes photographing, fingerprinting, and recording your personal information. Do not answer questions about the allegations. Request a lawyer immediately.
Magistrate Warning: Within 48 hours, a magistrate judge reads you your rights and sets bond. The magistrate warning includes information about the charges, your right to remain silent, your right to an attorney, and the conditions of release.
Bond: Bond allows pretrial release. Payment of the bond amount or posting a bail bond through a bondsman secures your release. Bond conditions typically include regular check-ins, no contact with alleged victims, and restrictions on leaving the county.
Hiring Defense Counsel: Retain an experienced Denton County forgery lawyer as soon as possible. Early intervention allows your attorney to investigate the case, preserve evidence, interview witnesses, and begin building your defense before the State completes its investigation.
Indictment: The case proceeds to grand jury within several months of arrest. The grand jury decides whether probable cause exists to indict you. Grand jury proceedings are secret, and you have no right to present evidence or cross-examine witnesses at this stage.
Arraignment: If indicted, you appear for arraignment in district court. The judge reads the indictment, you enter your plea, and the court sets future hearing dates.
Discovery and Pretrial Motions: Your attorney requests discovery from the prosecution and files pretrial motions challenging evidence, witnesses, or legal issues. This phase often determines case outcomes. Motions to suppress evidence, challenge witnesses, or dismiss charges can result in favorable resolutions.
Plea Negotiations or Trial: Most cases resolve through plea negotiations. Your attorney negotiates with prosecutors to secure dismissals, charge reductions, or favorable plea agreements. If negotiations fail to produce an acceptable resolution, the case proceeds to trial before a jury.
What to Expect From Varghese Summersett
We represent clients facing forgery charges with the same rigor and attention we bring to every case.
Immediate Response: When you call, we respond. We guide you through the initial process and what you can expect.
Thorough Investigation: We investigate every forgery case from the ground up. This includes obtaining all police reports, witness statements, and physical evidence. We interview witnesses, examine documents, retain experts when needed, and identify weaknesses in the State’s case.
Strategic Defense Planning: Every case requires a unique strategy. We develop defense approaches tailored to your specific circumstances, the evidence against you, and your goals for case resolution.
Skilled Negotiation: Our relationships with prosecutors throughout Denton County help us negotiate favorable outcomes. We’ve secured dismissals, charge reductions, and alternative dispositions for numerous clients facing fraud-related charges.
Trial Experience: When trial becomes necessary, our experienced Denton County fraud lawyers have the courtroom experience to defend your case effectively.
Clear Communication: You’ll understand every aspect of your case. We explain the charges, potential penalties, defense options, and realistic outcomes in plain language. You make informed decisions about your case with full knowledge of the consequences.
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Frequently Asked Questions About Forgery in Denton County
Can forgery charges be dismissed if no one was actually harmed?
Yes. The statute requires intent to defraud or harm, but it doesn’t require that actual harm occurred. However, lack of actual harm can strengthen your defense. If the State cannot prove you intended to harm anyone and no harm resulted, prosecutors may agree to dismiss charges or reduce them to a lesser offense. The circumstances matter greatly in these situations.
What if someone else signed the document without my knowledge?
You have a complete defense if someone else forged the document without your knowledge or authorization. The burden is on the State to prove you forged the document. If investigators charged you based on mistaken identity or circumstantial evidence connecting you to a document someone else forged, competent defense counsel can challenge the State’s case and secure a dismissal.
Does Denton County have a forgery diversion program?
Denton County does not have a specific forgery diversion program, but defendants may qualify for pretrial diversion in certain cases. Eligibility depends on your criminal history, the specific facts of your case, and the prosecutor assigned to your case. First-time offenders with strong mitigating circumstances have the best chance of securing diversion or deferred adjudication.
How long does the State have to file forgery charges?
The statute of limitations for forgery is five years under Texas Code of Criminal Procedure Article 12.01. The State must file charges within five years of when the offense occurred. However, the limitations period can be tolled in certain circumstances, such as when the defendant is out of state.
What happens to my professional license if I’m convicted of forgery?
Forgery convictions trigger reporting requirements to professional licensing boards. The Texas Department of Licensing and Regulation, nursing boards, medical boards, and bar associations all consider fraud-related convictions as grounds for license suspension or revocation. Even deferred adjudication can affect professional licensing. Protecting your license requires preventing a conviction.
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Contact a Denton County Forgery Lawyer Today
Forgery charges threaten your freedom, your reputation, and your future. The stakes are too high to handle alone or with inexperienced counsel. Call (940) 252-2220 to discuss your case with an experienced Denton County forgery lawyer. We offer free consultations and respond to calls 24/7.
