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Can an officer of a local government deny the issuance of a police report on a criminal act related to 720 ILCS 5/17 -3?

Hoffman Estates, IL |

I was told to contact my state's attorney about the matter. Is forgery of a note criminal or civil in procedure?

Attorney Answers 3

Posted

It is discretionary on the part of law enforcement to accept or reject a citizen's complaint. For whatever reason the police, it appears, rejected the complaint. The referral to the State's attorney is giving you a different opportunity to file a criminal complaint.

In answer to your other question, Forgery can be persued as a criminal or a civil action.

Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 --(708) 481-4800.

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Posted

Thanks! Unfortunately, I have even less faith, outside the local.

Posted

Forgery is a crime. The term "deny the issuance" is hard to follow. You mean they issued one (whatever that means), and now deny they did it? Report a crime to the police. That does not mean you cannot pursue a civil suit, but the police action is free and has a lot of teeth.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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Asker

Posted

Good point, I should have treated the question I asked with better care. The officer rejected my complaint to file an act of criminal intent i.e. using forged documentation in support of cause of action for foreclosure, against the opposition.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Then, (again rephrasing) the police did not determine that a crime had been committed, and did not forward the case to the prosecutor. As my colleague notes, you can meet with the prosecutor and try to pursuade, or you can seek the assistance of an attorney. With all the details, your attorney can advise you how best to proceed.

Asker

Posted

I do not know how taking a signature from a document and applying it to another, making it appear to be original signature, is not grounds of committing forgery. A person commits forgery when, with intent to defraud, he or she knowingly makes a false document or alters any document to make it false and that document is apparently capable of defrauding another. Sec. 17-3. Forgery. (a) A person commits forgery when, with intent to defraud, he or she knowingly: (1) makes a false document or alters any document to make it false and that document is apparently capable of defrauding another; or (2) issues or delivers such document knowing it to have been thus made or altered; or (3) possesses, with intent to issue or deliver, any such document knowing it to have been thus made or altered; or (4) unlawfully uses the digital signature, as defined in the Financial Institutions Electronic Documents and Digital Signature Act, of another; or (5) unlawfully uses the signature device of another to create an electronic signature of that other person, as those terms are defined in the Electronic Commerce Security Act. (b) (Blank). (c) A document apparently capable of defrauding another includes, but is not limited to, one by which any right, obligation or power with reference to any person or property may be created, transferred, altered or terminated. A document includes any record or electronic record as those terms are defined in the Electronic Commerce Security Act. For purposes of this Section, a document also includes a Universal Price Code Label or coin.

Asker

Posted

I think my local police do wish to get involved with defending a David against a Goliath. Shame on them for not taking their sworn oath to serve and protect, seriously.

Asker

Posted

correction: "do not wish"

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Certainly sounds like forgery on the facts you have posted. You still have the civil remedy, and can see an attorney about the possibilities.

Asker

Posted

Yep, it is, black on white - forgery -and more. I have spoken with three different litigation attorneys, each advised I hire an attorney. However, based on a review of my work, I was told I am capable of handling the defense myself.

Asker

Posted

if I chose to.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Defense? You have been charged with a crime???

Asker

Posted

The matter I would present is an offense in my case. I have not yet filed a criminal case against the plaintiff.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Your post makes no sense whatsoever. You most definitely need to consult an attorney. You are using words from law but not at all in accord with their meaning. Sorry - but better to hear it now.

Asker

Posted

Yeah, I'm probably a little bit over my head. However, it is a fun and rewarding experience for me. I have yet to raise the affirmative defense for forgery against the party. In addition to forgery, I'll have to raise a FDCPA aff. defense. The party claiming to be a creditor collecting its own debt appears to be a debt collector. Shame on them for trying to pull a fast one on me.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

That would be a major violation for him. See the fair credit and collections topics as to sanctions.

Asker

Posted

Yep, just one of the many violations giving good reason to sanction them (two different counsels). false claims, bad faith, negligence, fraud upon court, collusion, hiding facts, serving incomplete documents filed with the court, the list goes on.

Posted

Forgery is a criminal offense and if you were directed to use the State's Attorney route you may proceed as suggested.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

I do not disagree, forgery is a criminal offense. The fighting has to stop somewhere. I hope the party comes to its senses in time.

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