A Minnesota Defense Lawyer on Facing Charges for Violating Minn. Stat. § 609.65
You took on the role of a notary public to serve your community and your profession, viewing it as a position of trust and responsibility. You never imagined that your notary stamp could become the source of a criminal charge, but now you find yourself accused of false certification in Minnesota. The accusation is a direct assault on your integrity, suggesting you either intentionally committed fraud or were reckless in your duties. Suddenly, your reputation, your career, and your freedom are all on the line.
This situation can feel deeply isolating and unjust. Perhaps you made a simple mistake under pressure, or you notarized a document for someone you trusted without realizing there was a problem. Maybe you bent the rules slightly for a client in a hurry, not understanding the severe legal consequences. Now, the state is looking to hold you accountable, and you are facing the possibility of a criminal record, hefty fines, and even jail time. This is not just a professional reprimand; it is a serious criminal matter that could derail your life.
You do not have to navigate this crisis alone. I am a Minnesota criminal defense attorney who understands the unique pressures and responsibilities that notaries public face. I have defended clients across the state, from Minneapolis and St. Paul to the suburbs of Maple Grove, Eagan, and Bloomington, and in cities like Rochester, Duluth, and St. Cloud. I know that good people can make mistakes and that every story has two sides. My mission is to protect your rights, defend your name, and fight for the best possible outcome in your case.
What False Certification by a Notary Actually Means in Minnesota
The crime of false certification by a notary public in Minnesota is a serious breach of public trust. At its core, you are being accused of using your official authority to untruthfully certify that a specific act occurred. This could mean falsely stating that a person appeared before you and acknowledged their signature when they did not, or certifying that you performed any other official act that you, in fact, did not complete. This law, Minnesota Statute § 609.65, is designed to protect the public from the significant harm that can result from fraudulent documents being given the seal of official approval.
A Minnesota charge for false certification by a notary can arise from various situations, such as backdating a document at a client’s request, notarizing a signature for a person who is not physically present, or knowingly certifying a forged signature. The severity of the charge hinges on a crucial element: your intent. If the state can prove you acted with the “intent to injure or defraud,” you will face a felony. If they cannot prove that intent, the charge is a misdemeanor. In either case, a conviction can have devastating consequences for your career and reputation.
Minnesota Law on False Certification by a Notary — Straight from the Statute
The legal foundation for the charge against you is Minnesota Statute § 609.65. This law clearly defines the crime and establishes a two-tiered penalty system based on your alleged state of mind at the time of the notarization. Understanding the precise language of the statute is the first step in building your defense.
Here is the exact text of the law the prosecution will use to build its case against you:
609.65 FALSE CERTIFICATION BY NOTARY PUBLIC.
Whoever, when acting or purporting to act as a notary public or other public officer, certifies falsely that an instrument has been acknowledged or that any other act was performed by a party appearing before the actor or that as such notary public or other public officer the actor performed any other official act may be sentenced as follows:
(1) if the actor so certifies with intent to injure or defraud, to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both; or
(2) in any other case, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
Breaking Down the Legal Elements of False Certification in Minnesota
For the prosecution to secure a conviction for false certification, they must prove several key elements beyond a reasonable doubt. My role as your defense attorney is to scrutinize the state’s evidence for each of these elements and identify where their case is weakest. If the prosecution fails to prove even one of these components, you cannot be found guilty.
- Acting as a Notary PublicThe state must first establish that you were acting, or appearing to act, in your official capacity as a notary public or other public officer at the time of the alleged offense. This means you were holding yourself out as having the authority to perform notarial acts. This element is typically easy for the prosecution to prove if you used your notary stamp and title.
- A False CertificationNext, the prosecutor must prove that you made a certification that was untrue. This is the core of the act itself. Examples include certifying that a person signed a document in your presence when they were actually in another state, or certifying that you properly identified an individual when you did not check their ID. The certification must be demonstrably false.
- Intent to Injure or Defraud (for a Felony Charge)This is the most critical element that separates a felony from a misdemeanor. To convict you of a felony, the prosecutor must prove beyond a reasonable doubt that you made the false certification with the specific intent to injure or defraud someone. This means you knew your action would help someone commit fraud or cause harm to another person, business, or entity. This is a high bar for the prosecution to clear and is often the most contestable part of the case.
Penalties for a False Certification Conviction in Minnesota Can Be Severe
A conviction for false certification by a notary public can have serious and lasting consequences, ranging from a misdemeanor to a felony. The penalties are not just legal; they will almost certainly result in the loss of your notary commission and can do irreparable damage to your professional reputation. The state of Minnesota imposes these strict penalties to underscore the importance of integrity in notarial acts.
Felony False Certification
If the prosecution can prove that you acted with the intent to injure or defraud, you will face a felony conviction. The potential penalties are severe:
- Up to three years in prison.
- A fine of up to $5,000.
- Or both imprisonment and a fine. A felony conviction also carries numerous collateral consequences that can affect you for the rest of your life.
Misdemeanor False Certification
If the state cannot prove an intent to injure or defraud, but can still prove that you made a false certification, the charge is a misdemeanor. The penalties include:
- Up to 90 days in jail.
- A fine of up to $1,000.
- Or both. While less severe than a felony, a misdemeanor conviction is still a criminal record that can impact your employment and future opportunities.
What False Certification Looks Like in Real Life — Common Scenarios in Minnesota
Charges for false certification often arise from situations where a notary feels pressured by a client, an employer, or a friend to bend the rules. What may seem like a small shortcut or a harmless favor at the moment can quickly spiral into a criminal investigation. Here are some common scenarios that could lead to these charges in Minnesota.
The Absent Signer in a Minneapolis Real Estate Closing
A real estate agent in Minneapolis is finalizing a deal, but one of the sellers is out of the country. To avoid delaying the closing, the agent asks a notary they work with to notarize the absent seller’s signature on the closing documents, assuring the notary that they have the seller’s permission. The notary agrees and stamps the document. If this is discovered, the notary faces, at a minimum, a misdemeanor charge for falsely certifying that the signer appeared before them.
Backdating a Document for a St. Paul Business Deal
An executive at a St. Paul company needs to finalize a contract to meet a quarterly deadline, but the paperwork is a day late. He asks the in-house notary to backdate the notarization by one day. The notary, feeling pressured to comply with their boss’s request, agrees. This act of knowingly making a false certification about the date of the notarial act could lead to a felony charge if it can be shown that it was done to defraud investors or another party to the contract.
Failing to Verify Identity in a Rochester Title Transfer
In Rochester, a person selling a car brings the title to a notary to have the signature notarized for the transfer. The notary is busy and knows the seller casually, so they skip the step of checking their driver’s license to verify their identity. It later turns out the car was stolen and the seller’s signature was forged. By falsely certifying that they had properly identified the signer, the notary could face criminal charges.
Notarizing for a Family Member in a Duluth Estate Matter
A person in Duluth needs a power of attorney document notarized for their elderly parent, who is ill and unable to leave home. They take the document, already signed, to a cousin who is a notary. The notary, wanting to help their family, notarizes the document without seeing the parent sign it. If another family member later contests the power of attorney, the notary’s false certification could be exposed, leading to criminal charges and invalidating the important legal document.
Legal Defenses That Might Work Against Your False Certification Charge
Being accused of false certification can make you feel like your professional life is over. However, an accusation is not a conviction, and you have the right to a strong defense. The prosecution bears the burden of proving their case, and their evidence may be weaker than it appears. As a Minnesota criminal defense attorney with experience in these specific types of cases, I know how to challenge the state’s allegations and protect your rights.
Many false certification cases arise from misunderstandings, mistakes, or a lack of proper training rather than criminal intent. My job is to explore every angle of your case, from the specific circumstances of the notarization to your state of mind at the time. We will work together to build a defense strategy aimed at achieving the best possible outcome, whether that is a dismissal of the charges, a reduction to a non-criminal offense, or a not-guilty verdict at trial.
Lack of Intent to Injure or Defraud
This is the most critical defense, as it can mean the difference between a felony and a misdemeanor, or even lead to a full acquittal.
- No Malicious Intent: You may have made a mistake, but you did not do so with the purpose of harming anyone or helping someone commit fraud. For example, you may have been negligent in checking an ID, but you did not intend to facilitate a fraudulent transaction.
- No Knowledge of the Fraud: You may have been an unwitting pawn in someone else’s fraudulent scheme. You notarized a document believing it was legitimate, without any knowledge of the underlying fraud being committed by the parties involved.
Challenging the Falsity of the Certification
In some cases, the best defense is to argue that the certification was not, in fact, false.
- The Act Did Occur: The state may be mistaken about the facts. We can present evidence, such as witness testimony or electronic records, to show that the signer did appear before you or that you did perform the act as certified.
- Immaterial Error: You might argue that while there was a minor error in the notarial certificate, it was not a material falsehood. For example, a typo in the date that was immediately corrected may not rise to the level of a criminal false certification.
Mistake of Fact
You may have acted based on a genuine but incorrect belief about the facts of the situation.
- Deceived by Imposter: You were presented with a very high-quality fake ID and genuinely believed the person appearing before you was who they claimed to be. In this case, you were a victim of deception, not a criminal.
- Misunderstanding of the Request: You may have misunderstood the nature of the document or the specific notarial act requested, leading to an unintentional error in the certification.
Duress or Coercion
In rare circumstances, you may have been forced to make a false certification against your will.
- Under Threat: You may have been threatened with physical harm or serious professional repercussions (such as being fired) if you did not perform the notarization as requested. This can serve as a defense if the threat was immediate and credible.
Minnesota False Certification FAQs — What You Need to Know Now
Will I definitely go to jail for false certification by a notary?
Not necessarily. While jail time is a possibility, especially for a felony conviction, it is not a guaranteed outcome. An effective defense can often lead to alternatives like probation, fines, or even a dismissal of the charges. My primary goal is to keep you out of jail and protect your record.
Can a false certification charge be dismissed?
Yes. A dismissal is often the best possible outcome. I can work to get your case dismissed by showing the prosecutor they have insufficient evidence to prove a key element of the crime, particularly the “intent to injure or defraud.” A dismissal can also be achieved if your rights were violated during the investigation.
Do I really need a lawyer for a misdemeanor false certification charge?
Yes. Any criminal conviction, even a misdemeanor, can have serious consequences. It will result in a criminal record, and for a notary, it will almost certainly lead to the revocation of your commission. A lawyer can help you navigate the legal process and work to avoid a conviction.
How will a conviction affect my notary commission?
A conviction for false certification, whether a felony or a misdemeanor, will almost certainly result in the Minnesota Secretary of State revoking your notary commission permanently. This is a crime that strikes at the very heart of a notary’s duties.
What is the difference between a felony and a misdemeanor charge in this case?
The only difference is intent. If the state can prove you acted with the “intent to injure or defraud,” the charge is a felony. If they cannot prove that specific intent, but can prove you made a false certification, the charge is a misdemeanor.
What should I do if I am being investigated for false certification?
You should not speak to investigators or anyone else about the case. Politely decline to answer any questions and state that you will not do so without an attorney present. Contact a criminal defense lawyer immediately to protect your rights.
What if I just made a mistake in the notarial certificate?
A simple clerical error or a mistake made in good faith should not rise to the level of a criminal offense. The law targets intentional false certifications. However, you will need a lawyer to effectively argue that your action was a mistake and not a criminal act.
Can I be held liable for damages if my false notarization caused someone a financial loss?
Yes. In addition to criminal charges, you can also be sued in civil court for any damages that resulted from your false notarization. This is another reason why it is crucial to fight the criminal charge aggressively.
I notarized a document for a family member without them being present. What should I do?
This is a common scenario that can lead to charges. You should not discuss the matter with anyone and should contact a criminal defense attorney immediately to get legal advice on your specific situation.
My employer told me to notarize a document I knew was wrong. Is that a defense?
While pressure from an employer is not a complete legal defense on its own, it can be a powerful mitigating factor. It can be used to argue that you did not have the personal intent to defraud, especially if you feared losing your job. This is a form of duress that can be a key part of your defense.
Does Minnesota require notaries to keep a journal?
While Minnesota law does not mandate that notaries keep a journal, it is strongly recommended by the Secretary of State. A well-maintained journal can be a powerful piece of evidence in your defense, as it can show a pattern of proper procedure and can help you recall the details of a specific notarization.
Can I be charged if the document was never used?
Yes. The crime is in the false certification itself. The prosecutor does not need to prove that the document was ever used or that anyone was actually harmed by it. The crime is complete the moment you affix your seal to a false certificate.
What if I didn’t get paid for the notarization?
It makes no difference. Whether you were paid for the notarial act is irrelevant to the criminal charge. The law is concerned with the abuse of your official authority, not whether you profited from it.
If my commission has expired, can I still be charged?
Yes. The statute applies to anyone “acting or purporting to act as a notary public.” If you used an old stamp or otherwise held yourself out as a notary, you can still be charged under this law.
What is the first thing I should do if I am charged?
The absolute first step is to contact a Minnesota criminal defense attorney who has experience with these types of cases. Do not wait. The sooner you have legal representation, the better your chances of protecting your rights and achieving a positive outcome.
What a False Certification Conviction Could Mean for the Rest of Your Life
The legal penalties for false certification are just the beginning. A conviction for a crime of dishonesty will have a ripple effect across your entire life, damaging your career, your reputation, and your financial future. This is why a strong defense is not just about the present; it’s about protecting the life you have worked so hard to build.
Permanent Loss of Your Notary Commission
A conviction for false certification will result in the state revoking your notary commission. This is not a suspension; it is a permanent disqualification from holding a position of public trust. For many, this means the loss of a key component of their job and professional identity.
Devastating Harm to Your Professional Reputation and Career
A criminal conviction for a crime involving fraud and dishonesty is a red flag for any employer. It can make it nearly impossible to find or keep a job in fields like law, real estate, banking, or any other profession that requires a high degree of trust. You could be terminated from your current job and face significant hurdles in your future career path.
A Permanent Criminal Record
Whether a felony or a misdemeanor, a conviction creates a permanent public record that will appear on background checks for employment, housing, and professional licensing. This can be a significant barrier to opportunity for the rest of your life.
Civil Liability
In addition to the criminal penalties, a false certification that causes financial harm to someone can expose you to a civil lawsuit. You could be sued for the damages that resulted from your actions, leading to significant financial judgments against you.
Why You Need a Tough, Experienced Minnesota Defense Attorney
When your professional reputation and your freedom are on the line, you cannot afford to face the criminal justice system alone. The state has experienced prosecutors who will aggressively pursue a conviction. You need a dedicated advocate in your corner who understands the unique nature of these charges and knows how to fight back.
An Advocate Who Understands the Nuances of Notary Law
These are not standard criminal cases. They involve a specific body of law and a specific professional standard of care. I have experience defending clients against charges that involve professional conduct and allegations of fraud. I understand the importance of the element of intent and how to build a defense that highlights your lack of criminal purpose.
A Proactive Approach from Day One
The most critical time in your case is right now. By bringing me on board early, I can immediately begin to build your defense. I can communicate with investigators on your behalf, protect you from making incriminating statements, and begin gathering evidence to support your side of the story. A proactive defense can often lead to a better outcome before the case ever gets to a courtroom.
Experience in Courtrooms Across Minnesota
I have defended clients in courts throughout the state, from the metro area of Hennepin and Ramsey counties to greater Minnesota. I am familiar with the local court procedures and the prosecutors in these jurisdictions. This experience allows me to effectively navigate the system and tailor your defense to the specific environment you are in.
A Commitment to Protecting Your Future
My primary goal is to protect you and your future. I will meticulously review every piece of evidence, challenge the prosecution’s case at every turn, and work tirelessly to achieve the best possible result. Whether that means negotiating for a dismissal, fighting for a reduction in charges, or taking your case to trial, I will be your unwavering advocate every step of the way. Your career and your freedom are too important to leave to chance.