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Possession of Forged Document – s 145.2 Commonwealth Criminal Code 1995

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Your Options in Court

Pleading Not Guilty

Before you can be found guilty of possessing a forged document, the prosecution must prove that you committed the offence.

There are four circumstances in which you can be charged with possessing a forged document:

  • Where you have a document in your possession which you know has been forged, and you intend to use it to induce a Commonwealth public official to accept it as genuine, and, if that person accepts it, to dishonestly obtain a gain, cause a loss or influence the exercise of a public duty or function.
  • Where you have a document in your possession which you know has been forged, and you intend to use it to dishonestly cause a computer, machine or electronic device to accept the document as genuine in order to dishonestly obtain a gain, cause a loss or influence the exercise of a public duty or function in connection with the operations of a Commonwealth entity.
  • Where you have a Commonwealth document in your possession which you know has been forged, and you intend to use it to induce another person to accept it as genuine, and, if that person accepts it, to dishonestly obtain a gain, cause a loss or influence the exercise of a public duty or function.
  • Where you have a Commonwealth document in your possession which you know has been forged, and you intend to use it to dishonestly cause a computer, machine or electronic device to accept the document as genuine in order to dishonestly obtain a gain, cause a loss or influence the exercise of a public duty or function.

If you do not believe that the prosecution will be able to prove that your actions constituted any of these offences, you may wish to plead “not guilty” and have one of our highly experienced criminal lawyers defend your innocence in court.

Our lawyers have considerable experience fighting and winning complex Commonwealth fraud matters and can give you the best possible defence when it comes to fighting the charges in court.

We will obtain all relevant evidence and present your case in the most compelling light in order to maximise your chances of being found “not guilty.”

Our experienced advocates will work alongside leading criminal defence barristers to strategically examine all witnesses.

We can also identify any defences that may be raised to secure a verdict of “not guilty.”

Examples of defences that may be used include:

Our lawyers have extensive experience winning these types of cases in court and can give you the best possible advice on how to fight the charges in your case.

Pleading Guilty

In some situations, you may not wish to fight the charges in court.

In these cases, you may choose to plead “guilty” to the charges.

This means that you will proceed straight to sentencing for your penalty to be determined by the court.

This can often be a beneficial option as it will show to the court that you have accepted responsibility for your actions. Accordingly, the court may be more likely to impose a lenient penalty.

This also means that you will avoid the time and expense of a defended hearing or criminal trial to determine your guilt.

However, before pleading guilty, it is strongly advised that you speak to one of our experienced criminal defence lawyers who will be able to advise you on whether there is any way to fight the charges and escape a conviction.

You should also be aware of the maximum penalty for this offence, which is 10 years’ imprisonment.

However, this is the absolute maximum and will only apply in the most serious cases.

The court will ultimately determine the appropriate penalty after considering all the facts and circumstances of your case.

The types of penalties that the court can impose include:

If you are considering pleading guilty to “possession of a forged document,” it’s important to ensure that you are being represented by an experienced criminal defence lawyer who can present your side of the story in the most effective and compelling manner.

Our lawyers are highly skilled at presenting persuasive sentencing submissions which highlight the importance of a lenient penalty.

Our hard work and dedication is reflected in our unparalleled ability to obtain outstanding results in these cases.

Frequently Asked Questions

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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