So, if a person was using a document but did not know that it was fake, they usually cannot be found guilty of falsifying a document.
Statutes of limitations define the time period in which a lawsuit or other civil action must be filed, as measured from the date of the incident.
Statutes of limitations also apply to criminal cases, prohibiting prosecutors from filing criminal after the passage of a specified number of years.
Burbank has failed to pay the $10,000 in sanctions imposed on him by the Law Court, nor has he fully paid the $20,000 judgment against him imposed by the Superior Court in the underlying litigation, and has since filed a Chapter 7 bankruptcy action in the Bankruptcy Court in Connecticut.
Burbank also did not properly offer all the exhibits at this Bar Discipline Hearing that he made reference to in his post-hearing submission.
Some businesses forms such as corporations can also be charged with falsifying documents.
Many different types of acts can be considered as falsifying a document, including: Again, a person can only be held criminally liable if they are acting with the intention of deceiving or defrauding another party, such as another person or a bank.
Although the actions taken by Burbank would be concerning if he were a litigant unschooled in law, we note that Burbank is not only an attorney, but an attorney who is licensed to practice in Maine.
He is therefore, presumed to be familiar with our case law, our statutes, and our Rules; his actions demonstrate either a complete lack of understanding or an intentional flouting of these guides..¶ 61. In his Answer to the within Information in this case, Burbank has admitted to making errors in applying and interpreting the applicable rules of court, but has asserted that some rules were not published, and thus he could not interpret or apply them; some rules were ambiguous; and his failure to file timely responses was due to his suffering a stroke.
An experienced criminal attorney can explain the specific laws of your individual state.
Also, they may be able to tell whether you can raise a defense, such as a lack of criminal intent.
There are mitigating factors that the court feels compelled to consider.