Defending Forged Instrument Charge

Here are some Alabama case cites that might be useful for defending against a charge of Possession of a Forged Instrument in the First Degree:
*. Ex parte State (Reeves v. State), * So. 2d * (Ala. *)
- Discusses the elements of possession of a forged instrument and the necessity of proving intent.
*. Johnson v. State, * So. 2d * (Ala. Crim. App. *)
- Addresses the requirement to show that the defendant possessed the instrument with the knowledge that it was forged.
*. Carter v. State, * So. 2d * (Ala. Crim. App. *)
- Explores defenses such as lack of intent to defraud and how the prosecution must establish the defendant's knowledge and intent.
*. McLemore v. State, * So. 2d * (Ala. Crim. App. *)
- Examines the standards for coercion and duress as defenses in forgery-related cases.
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Sure, here's an outline for defending against a charge of Possession of a Forged Instrument in the First Degree in Alabama:
*. Introduction
- Overview of the charge
- Importance of the defense strategy
*. Legal Standards and Case Law
- Review of relevant Alabama statutes
- Key case citations:
- Ex parte State (Reeves v. State), * So. 2d * (Ala. *)
- Johnson v. State, * So. 2d * (Ala. Crim. App. *)
- Carter v. State, * So. 2d * (Ala. Crim. App. *)
- McLemore v. State, * So. 2d * (Ala. Crim. App. *)
*. Defense Strategies
- Lack of Knowledge
- Gather evidence showing the client was unaware of the forgery.
- Lack of Intent
- Demonstrate the absence of fraudulent intent.
- Coercion
- Provide proof of coercionor duress.
- Mistaken Identity
- Argue that someone else could have possessed or used the forged instrument.
*. Evidence Collection
- Collect witness statements
- Gather physical evidence
- Obtain relevant documents
*. Pre-Trial Motions
- Motion to dismiss based on insufficient evidence
- Motion to suppress improperly obtained evidence
*. Trial Preparation
- Develop opening and closing statements
- Prepare witness examinations
- Plan cross-examinations of prosecution witnesses
*. Conclusion
- Summarize key points
- Reiterate the lack of knowledge, intent, or coercion
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