Defenses Against Counterfeit Money Charges

Defenses Against Counterfeit Money Charges

As experienced defense lawyers, we focus on the intent required by the statute to commit the crime. The mens rea element, or guilty mind, is the most difficult element for the government to prove. The government bears the burden to prove each element of the case against you beyond a reasonable doubt. Therefore, the prosecutor has to prove your intent before a jury can find you guilty. How might the prosecutor try to do that?

Closely examining the counterfeit bills themselves is one way to prove your intent. If there are small differences between real money and the fake money you accidentally passed, then the chances are high that a jury will reasonably conclude that you had no idea you possessed counterfeit money. On the other hand, notes with strange characters or appearing to have a funny or irregular color might indicate that you knew the notes were fake. Odd or out-of-circulation denominations are another way to prove you knew you had fake money. For instance, there are no $1,000 bills in circulation any longer.

But, you may have a good defense based on lack of intent if the State has to call an expert witness from the U.S. Treasury to testify about the differences in the money you used. How should a regular person know that the 100s obtained from the ATM were fake?

Other Defenses

Your defense lawyer from the New Mexico Criminal Law Offices can also review your case for other defenses. Identifying the correct person is a critical component of the government’s case. What if you had an alibi? Perhaps you were in Santa Fe when someone misidentified you as the person who bought a new refrigerator from a big box store in Albuquerque with fake cash. A skilled defense lawyer knows how to present alibi evidence to prove you were miles away when the crime occurred.

Knowledgeable defense lawyers understand the complexity of every case and will try to find the best defense for your unique situation. Then they will present the best defense possible under the circumstances.

Contact an Aggressive New Mexico Defense Lawyer Now

Clearing your name is our top priority at the New Mexico Criminal Law Offices. How do we do it? We evaluate every case and look for the unique aspects that will give you the edge you need. Since 1997, we have delivered positive results time after time. Contact us today for a free case evaluation.