questions & answers

Question: I signed someone's name on a legal document with permission from this person. I was carged with forgery. I took a plea not wanting to go to a jury trial. After the plea I found out that the state attorney lied to the grand jury and said this person did not give me permission and also I forged her notes. I have her taped interview where she clearing states her given permission and that the notes were done by her. Is there anything I can do to go back to the grand jury or maybe have the charges reversed? I was told no matter what I signed her name with putting with permisssion

Answer: Depending upon where you are in the court process will dictate what options may be available to you. It sounds like you have not yet been sentenced, therefore, you may ask to withdraw from the plea based upon the new information you were provided. If you were sentenced following a plea agreement you have 90 days in which to file an appeal under Rule 32 of the Arizona Rules of Criminal Procedure. The same Rule would apply if you were unsuccessful in withdrawing from the plea and were subsequently sentenced. If you are able to withdraw from the plea and you have sufficient time under the Rules of Procedure to file, you may be able to file a Motion to Remand the case back to the Grand Jury based upon the false or misleading information that was provided by the prosecutor. You will want to consult with your attorney regarding these options and any other options that may be available to you.