If a family member or friend has been charged with a criminal offence, a decision will be made about whether they should be released from police custody on bail, or whether they will be refused bail by police.
If you have been charged with making false document, the prosecutor must prove that you:
What is a ‘false document’ in forgery?
A false document includes any document which claims to be a true copy of an original document when in fact it is not. This may be due to the fact that the document has been intentionally altered without authority or the document was created without authority. The most common example of this would be false identification documents, e.g. false driver licence, photo ID card, etc.
What does recklessness mean in fraud?
If police cannot prove that you intended to deceive the complainant, it must be proved that you realised the complainant might have been deceived, but continued with the act regardless.
What does property mean in forgery?
The definition of property is broad. It includes real and personal property, such as money, securities, debt, land, etc.
What does ‘obtain financial advantage’ in forgery mean?
Although ‘financial advantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that you or a third party had benefited as a result of your dishonest and deceiving conduct. It does not need to be proven that your benefit caused a disadvantage to another person. Simply put, you have obtained a financial advantage when you benefit from something that you are not entitled to benefit from. The meaning of ‘finance’ depends on the context.
What does ‘cause financial disadvantage’ in forgery mean?
Although ‘financial disadvantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that your dishonest and deceiving conduct caused the complainant to suffer a disadvantage and thus be left worse off. The meaning of ‘finance’ depends on the context.
What does ‘public duty’ in forgery mean?
A public duty includes any power, authority or function that is given to a person who works for the government.
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you made a false document.
You may accept that you made a false document, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you made a false document but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q:What does it mean to have a conviction recorded?
A: A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
It is important a lawyer properly advises you if a conviction is recorded.
Q: Will I go to jail for making a false document?
A: It is likely that you will go to jail if you plead guilty or are found guilty. The maximum penalty for making a false document is 10 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to persuade the court to reduce the length of the jail sentence.
If you have been charged with using false document, the prosecutor must prove that you:
What is a ‘false document’?
A false document includes any document which claims to be a true copy of an original document when in fact it is not. This may be due to the fact that the document has been intentionally altered without authority or the document was created without authority. The most common example of this would be false identification documents, e.g. false driver licence, photo ID card, etc.
What does ‘property’ mean in using a false document?
The definition of property is broad. It includes real and personal property, such as money, securities, debt, land, etc.
What does ‘obtain financial advantage’ mean in using a false document?
Although ‘financial advantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that you or a third party had benefited as a result of your dishonest and deceiving conduct. It does not need to be proven that your benefit caused a disadvantage to another person. Simply put, you have obtained a financial advantage when you benefit from something that you are not entitled to benefit from. The meaning of ‘finance’ depends on the context.
What does ‘cause financial disadvantage’ mean in using a false document?
Although ‘financial disadvantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that your dishonest and deceiving conduct caused the complainant to suffer a disadvantage and thus be left worse off. The meaning of ‘finance’ depends on the context.
What does ‘public duty’ mean in using a false document?
A public duty includes any power, authority or function that is given to a person who works for the government.
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you used a false document.
You may accept that you used a false document, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you used a false document but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q: What does it mean to have a conviction recorded?
A: A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
It is important a lawyer properly advises you if a conviction is recorded.
Q: Will I go to jail for intention to defraud by false or misleading statement?
A: It is likely that you will go to jail if you plead guilty or are found guilty. The maximum penalty for using a false document is 10 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to persuade the court to reduce the length of the jail sentence.
If you have been charged with using false document, the prosecutor must prove that you:
What does ‘knowingly possessed’ mean in possession of a false document?
To knowingly possess means that you had in your custody and under your control a false document. You knew that the document was false and you knew that it was in your custody.
What is a ‘false document’?
A false document includes any document which claims to be a true copy of an original document when in fact it is not. This may be due to the fact that the document has been intentionally altered without authority or the document was created without authority. The most common example of this would be false identification documents, e.g. false driver licence, photo ID card, etc.
What does ‘property’ mean in possession of a false document?
The definition of property is broad. It includes real and personal property, such as money, securities, debt, land, etc.
What does ‘obtain financial advantage’ mean in possession of a false document?
Although ‘financial advantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that you or a third party had benefited as a result of your dishonest and deceiving conduct. It does not need to be proven that your benefit caused a disadvantage to another person. Simply put, you have obtained a financial advantage when you benefit from something that you are not entitled to benefit from. The meaning of ‘finance’ depends on the context.
What does ‘cause financial disadvantage’ mean?
Although ‘financial disadvantage’ has a broad definition and depends on the surrounding circumstances, it must be proven that your dishonest and deceiving conduct caused the complainant to suffer a disadvantage and thus be left worse off. The meaning of ‘finance’ depends on the context.
What does ‘public duty’ mean?
A public duty includes any power, authority or function that is given to a person who works for the government.
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were in possession of a false document.
You may accept that you were in possession of a false document, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you were in possession of a false document but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q: What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
It is important a lawyer properly advises you if a conviction is recorded.
Q: Will I go to jail for possession of a false document?
A: It is possible that you will go to jail if you plead guilty or are found guilty. The maximum penalty for possession of a false document is 10 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to persuade the court to reduce the length of the jail sentence.
If you have been charged with making equipment for making false documents, the prosecutor must prove that you:
What is deception?
Deception can involve words or conduct such as false statements, certain conduct and silence.
How can a prosecutor prove that I ‘made equipment’?
A prosecutor is required to prove that you designed or adapted a piece of equipment. The prosecutor must also prove that the modified or newly created piece of equipment can be used to produce false documents. For the purposes of this offence, equipment may include machines, printers and ID cards.
What is a ‘false document’?
A false document includes any document which claims to be a true copy of an original document when in fact it is not. This may be due to the fact that the document has been intentionally altered without authority or the document was created without authority. The most common example of this would be false identification documents, e.g. false driver licence, photo ID card, etc.
What does ‘intended to be used in the commission of forgery’ mean?
This means that when you made the equipment, the purpose of making the equipment was for it to be used to create a false document in an attempt to derive a benefit. The prosecutor only needs to prove that you intended for a false document to be created, they are not required to prove that you intended to create it yourself.
Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you made equipment intending for it to be used in the commission of forgery.
You may accept that you committed the offence, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
Alternatively, you may accept that you made equipment to make a false document but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
Q: If I plead guilty or am found guilty, will a conviction be recorded?
A: It is certain that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Q: What does it mean to have a conviction recorded?
A: A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
It is important a lawyer properly advises you if a conviction is recorded.
Q: Will I go to jail for making equipment for making false documents?
A: It is very likely that you will go to jail if you plead guilty or are found guilty. The maximum penalty for making equipment for the making of false documents is 10 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to persuade the court to reduce the length of the jail sentence.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.
As leaders in criminal defence, we know that every story has two sides. We defend yours.
Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.