The offense of forgery occurs when someone makes, alters, or counterfeits a writing, such as a check, or attempts to present a forged document though it were legitimate. Forgery is a felony offense in Nevada, carrying a penalty of up to four years in prison and up to a $5,000 fine.
There are many defenses available to someone charged with forgery depending on the circumstances of the arrest. For example, in many instances, someone may be carrying a counterfeit bill in their wallet that was given to them as payment or change after a purchase without their knowledge. When that person goes to spend the money that they believe is authentic, the bill is discovered as forged and they are arrested. Another example (one which has been occurring more often lately) includes someone accepting a check as payment for a purchase on Craigslist or in exchange for services. When the person who received the check goes to cash it, they are informed that the check was written on a closed or frozen account and are arrested—even though they did not produce the fraudulent check.
To convict someone for forgery, the prosecution must be able to prove that the person using the document knew its fraudulent nature. If there is evidence supporting your defense, it is unlikely that the police or prosecution will make efforts to secure it. For this reason, if you have been accused of creating or passing a forged instrument, it is critical that you retain a defense team promptly so that any evidence supporting your defense is secured.