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forging a sticker and plates Other Criminal Charges & Offenses

Discussion in 'Criminal Charges' started by Bailey454, May 12, 2022.

  1. Bailey454

    Bailey454 Law Topic Starter New Member

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    Jurisdiction:
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    I was driving a friends car when i was pulled over and charged with forging sticker and plates. Didn't have any idea cause it was night time. Now everywhere i apply for a job i get turned down because of that charge.Even though the job description has nothing to do with a vehicle in any kind of way. What I'm asking is can i be charged for driving a vehicle that's not in my name for forging a sticker and plate?
     
  2. Zigner

    Zigner Well-Known Member

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    Apparently, yes.

    You need to speak to a criminal attorney and not anyone else about this. Admitting to a (possible) crime on the internet definitely doesn't help you.
     
    Red Kayak likes this.
  3. Zigner

    Zigner Well-Known Member

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    FYI - this appears to be the applicable state law on the matter:

    § 46.2-722. Altered or forged license plates or decals; use as evidence of knowledge
    § 46.2-722. Altered or forged license plates or decals; use as evidence of knowledge.
    Any person who, with fraudulent intent, alters any license plate or decal issued by the Department or by any other state, forges or counterfeits any license plate or decal purporting to have been issued by the Department under the provisions of this title or by any other state under a similar law or who, with fraudulent intent, alters, falsifies, or forges any assignment thereof, or who holds or uses any license plate or decal knowing it to have been altered, forged, or falsified, shall be guilty of a Class 1 misdemeanor.

    The owner of a vehicle who operates it while it displays altered or forged license plates or decals shall be presumed to have knowledge of the alteration or forgery.

    So, while it appears that you may have a defense, you will definitely want an attorney to help you in this.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Bailey454 appears to have already been convicted.

     
  5. Zigner

    Zigner Well-Known Member

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    I pondered that as well, but he thrice used the word "charged" without mentioning a conviction, which is why I proceeded as if the charge were the actual problem.
     
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  6. zddoodah

    zddoodah Well-Known Member

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    When did this happen?

    Were you actually charged or merely arrested? If you were charged, were you convicted or exonerated?

    Well...you wrote, " . . . was charged." If, in fact, that's true, then it should be obvious that you can be charged. To opine intelligently about the propriety of the charges, one would need to review the charging document. If this is a pending criminal case, you need to speak with an attorney (and no one else).
     
  7. Bailey454

    Bailey454 Law Topic Starter New Member

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    sorry yes i was convicted it was 3 years ago
     
  8. Bailey454

    Bailey454 Law Topic Starter New Member

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    not admitting I'm asking I was already convicted. wrote it wrong i guess
     
  9. Bailey454

    Bailey454 Law Topic Starter New Member

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    sorry i was convicted 3 years ago forgot to mention it
     
  10. Zigner

    Zigner Well-Known Member

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    Yep - that changes the entire nature of your post. Of course you can be charged (and convicted), as evidenced by the fact that you WERE charged (and convicted). Your actual question is what you can do to mitigate the effects of your conviction.
     
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  11. Bailey454

    Bailey454 Law Topic Starter New Member

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    no I been convicted already 3 years ago.. just wondering since it was not my vehicle i definitley didnt alter anything
     
  12. Zigner

    Zigner Well-Known Member

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    That is ALL irrelevant. You were CONVICTED.
    Besides, the crime doesn't require that you were the one who actually altered it...

    But, again, IRRELEVANT.
     
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  13. adjusterjack

    adjusterjack Super Moderator

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    Did you raise any kind of defense?

    The statute requires "fraudulent intent."

    Should have been difficult for the prosecution to prove that since it wasn't your car.
     
  14. Zigner

    Zigner Well-Known Member

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    Actually, it just requires knowledge of it:

    "...or who holds or uses any license plate or decal knowing it to have been altered, forged, or falsified,"
     
  15. zddoodah

    zddoodah Well-Known Member

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    Then I find your question incomprehensible. Can you clarify what you meant by this: "can i be charged for driving a vehicle that's not in my name for forging a sticker and plate?"

    Obviously, if you were convicted, you were charged.

    Were you convicted of the law that "Zigner" cited and quoted in post #3 in the thread? If not, what was the specific crime of which you were convicted? I'll assume for the time being that you were convicted of violating section 46.2-722 - a Class 1 misdemeanor.

    Did you take a plea bargain or did your case go to trial?

    Were you represented by an attorney and, if so, did you ever discuss the possibility of an appeal?

    A couple comments on the statute as quoted by "Zigner":

    The statute criminalizes several things:
    • "[Altering] any license plate or decal issued by the Department or by any other state;"
    • "[Forging] or counterfeit[ing] any license plate or decal...;"
    • "[Altering], falsif[ying], or forg[ing] any assignment thereof;" or
    • "[Holding] or us[ing] any license plate or decal knowing it to have been altered, forged, or falsified."
    The first three things require that the prosecutor prove fraudulent intent, but the last thing only requires proof of knowledge of the alteration/forgery/falsification.

    I'm going to guess that you were convicted under the fourth bullet point, which means that, if you took a plea bargain, you admitted to knowing or, if you went to trial, the prosecutor convinced the jury (or judge) that you had knowledge (despite you telling us that you didn't know, one of these two things must have happened).

    Fortunately for you, it appears that Virginia recently enacted a law allowing for the expungement/sealing of certain convictions, including misdemeanor convictions. I suggest you review the linked article and do some googling of your own (I found the linked article by googling "expunge misdemeanor virginia).
     
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  16. leslie82

    leslie82 Well-Known Member

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    You were charged and convicted so yes it's possible since it happened. The job description doesn't have to have anything to do with vehicles - if an employer sees a criminal record they don't have to hire you.
     

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