Forgery or tampering with a legal document?

[eagledude]

I gave my ex-wife a post dated check and told her she could cash it early.
The problem is she changed the date and forged my initials.
Can I have her arrested? If so, what exactly is the offense she commited.
Even though I told her it was ok to cash, I did not tell her it was ok to forge my initials.
I am not out any additional monies & there were no bank fees but she did commit a crime didn't she?

Thank you for your help.
Mike

 

[CdwJava]

Forgery requires that the act be done along with the INTENT TO DEFRAUD. From what you have written, there appears to be no intent to defraud anyone. I can think of a number of defense arguments that could be raised to establish reasonable doubt.

But, if you wish to be vindictive, call the police and report it. They may investigate, and they might forward the matter to the DA. if the DA decides that it is worth pursuing, he will file charges and she will have to go to court.

Personally, if you are not out any money, if the bank is not out any money, and the forgery was essentially a harmless act, meeting the intent element is going to be a stretch.

Ask yourself why you wish to pursue this ... Is this truly about justice? Or, is it about sticking it to the ex? If it is the latter, I would recommend you let it go.

- Carl

 

[raskalnikov]

Wow, what a vindictive prick. . .

 

[jharris352]

Rask, you have a real way with words! I agree, though I'm not sure I would have put it just that way! "Here, you can cash this check early" Knowing the bank is going to want a previous date on it. I wonder if he ever gave his children candy and told them they could eat it tomorrow.

 

[CdwJava]

That's what I'm wondering ... post date the check but say to cash it early??? What's up with that? If she changed the date to an earlier date, then she was carrying out his wishes - hence, one of the claims for reasonable doubt I was thinking of earlier. It seems she was doing what he agreed to allow her to do, hence no intent.

- Carl