Most crimes in Pennsylvania such as; burglary, arson, and simple assault are all covered in Title 18 of the PA statute, however, there ARE a number of potential charges that are outside of Title 18 but are still considered a “Criminal” charge. An example of these non-traditional criminal charges includes the Pennsylvania Game and Wildlife Code or section 7122 of the PA vehicle code which details forged and counterfeit documents and plates as criminal charges. The PA vehicle code outlines this charge as a misdemeanor of the first degree, which is punishable by a maximum of 5 years of incarceration and a $10,000 fine.

In Pennsylvania, someone is in violation of Title 75 Section 7122 when they, with a fraudulent intent:

1. alters, forges or counterfeits a certificate of title, registration card or plate, inspection certificate or proof of financial responsibility;
2. alters or forges an assignment of a certificate of title, or an assignment or release of a security interest on a certificate of title or any other document issued or prepared for issue by the department;
3. has possession of, sells or attempts to sell, uses or displays a certificate of title, registration card or plate, driver’s license, inspection certificate proof of financial responsibility or any other document issued by the department, knowing it to have been altered, forged or counterfeited;
4. obtains or attempts to obtain a certificate of inspection without valid proof of financial responsibility; or
5. provides a certificate of inspection where there is no valid proof of financial responsibility.

In recent months, law enforcement has not taken this violation lightly and has developed a proactive approach to crack down on this offense. Nevertheless, being charged with this crime does not have to equal a conviction, and a criminal defense attorney can assist you in navigating the complex legal system achieving the most favorable disposition to your charges.

If this is your first offense, Chieppor & Egner, LLC can assist you in entering the Accelerated Rehabilitative Disposition (ARD) program. The ARD program is a non-conviction program for first time offenders which offers expungement of the charges at the completion of the program, allowing you to put this mistake in the rear view and continue your life with a clean criminal record.

However, the ARD program is not the only resolution. An experienced defense attorney can investigate and present a tailored defense, such as:

• Lack of Knowledge or Intent: Remember, the crux of the statute is knowing fraudulent intent. A defendant could avow that they were unaware of the fraudulent nature of the documentation.
• Sufficiency of Evidence: It is the Commonwealth’s burden to prove every element of the statute beyond a reasonable doubt.
• Reliability of the Autobody Shop: If the defendant can provide documentation that they took the vehicle to an autobody shop, the liability could fall on the shop rather than the defendant.

Everyone’s situation is unique. Allow a former prosecutor at Chieppor & Egner, LLC to properly build your case and give your situation the seriousness it deserves. Contact us today for a free, confidential consultation, and let us work together to secure the best resolution possible to protect your freedom and future.