Charged with Violating Minn. Stat. § 609.64? A Minnesota Lawyer on What You’re Facing
You’re in a situation you never anticipated, facing a serious felony charge for recording or filing a forged instrument in Minnesota. It may have started with a real estate transaction, a business dealing, or a personal matter where a document was filed with a public office. Now, you stand accused of intentionally submitting a false or forged document, and the full weight of the Minnesota legal system is bearing down on you. This accusation attacks your integrity and threatens your freedom, your financial stability, and your future.
The charge feels overwhelming and profoundly unfair. Perhaps you were unaware the document was forged, or you were acting on behalf of someone else, trusting that everything was legitimate. Maybe you were trying to correct what you saw as a past wrong or were simply in the wrong place at the wrong time. The prosecution, however, isn’t interested in nuance; they see a fraudulent document filed in a public office and are ready to hold you responsible. This is more than a simple paperwork error; it’s a felony that can result in a prison sentence and a permanent criminal record.
You do not have to face this daunting challenge alone. I am a Minnesota criminal defense attorney who has defended individuals across this state, from Minneapolis and St. Paul to Rochester, Duluth, and St. Cloud, and in the surrounding suburban communities of Bloomington, Brooklyn Park, and Plymouth. I understand the complexities of these cases and know that an accusation is not a conviction. My role is to protect your rights, challenge the prosecution’s case, and ensure your side of the story is heard.
What Recording a Forged Instrument Actually Means in Minnesota
The crime of recording or filing a forged instrument in Minnesota is a specific type of fraud that involves the public record. At its core, you are being accused of intentionally deceiving a government office—such as a county recorder or a court clerk—by submitting a document that you know to be false or forged. This law, Minnesota Statute § 609.64, is designed to protect the integrity of official records that people rely on to establish ownership of property and other legal rights. The act of filing weaponizes a fraudulent document, giving it a veneer of legitimacy that can cause serious harm.
This charge is not about a simple mistake or a clerical error. The prosecution must prove that your actions were intentional. Facing a Minnesota charge for filing a forged instrument means you are accused of deliberately attempting to corrupt the public record for some gain or to another’s detriment. Common examples include filing a forged property deed to fraudulently transfer ownership, recording a false lien against a property to extort money, or submitting a forged will to a probate court. A conviction can lead to severe penalties, so understanding the gravity of this accusation is the first step toward building a strong defense.
Minnesota Law on Recording a Forged Instrument — Straight from the Statute
The legal basis for the charge you are facing is found in Minnesota Statute § 609.64. This law is straightforward but powerful, making it a felony to knowingly file a false or forged document related to real or personal property in a public office. The statute specifically targets the act of presenting the fraudulent document for official recording, which in itself is the completed crime.
Here is the exact language from the statute that the prosecution will use against you:
609.64 RECORDING, FILING OF FORGED INSTRUMENT.
Whoever intentionally presents for filing, registering, or recording, or files, registers, or records a false or forged instrument relating to or affecting real or personal property in a public office entitled to file, register, or record such instrument when genuine may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
Breaking Down the Legal Elements of Filing a Forged Instrument in Minnesota
For the state to convict you of recording or filing a forged instrument, the prosecutor has the burden of proving every single element of the crime beyond a reasonable doubt. My job is to meticulously analyze the prosecution’s evidence and identify the weaknesses in their case. If I can show that even one of these elements is not met, the charge against you cannot stand.
- A False or Forged InstrumentThe foundation of the state’s case is the document itself. The prosecutor must first prove that the instrument you filed was, in fact, false or forged. A forged instrument is one that is not genuine, such as a deed with a forged signature. A false instrument might be one that contains materially false information, even if the signature is valid. The document must relate to real or personal property—for example, a house, a car, or other valuable assets.
- Presented to a Public OfficeThe second element is that you presented this false or forged document to a public office that is authorized to file or record such instruments. This most commonly refers to a County Recorder’s Office, the Department of Public Safety, or a court. The crime is in the act of submission to this official body. It doesn’t matter if the clerk accepted the document or if you ultimately succeeded in your goal; the act of presenting it for filing is enough.
- Intentional ActionThis is the most critical element and often the focus of a strong defense. The prosecutor must prove that you acted intentionally. This means you were aware that the document was false or forged and that you deliberately presented it for filing. If you were unaware of the forgery, or if you believed the document to be genuine, you did not have the required criminal intent. An accident, a mistake, or being an unwitting pawn in someone else’s scheme is not a crime under this statute.
Penalties for a Conviction for Filing a Forged Instrument in Minnesota Can Be Severe
A charge under Minnesota Statute § 609.64 is a serious matter with life-altering consequences. It is not a minor infraction but a felony offense. A conviction will not only result in significant legal penalties but will also leave you with a permanent criminal record that can affect every aspect of your life. The state of Minnesota takes the integrity of its public records very seriously, and the penalties reflect that.
Felony Conviction
A conviction for recording or filing a forged instrument is a felony. Under Minnesota law, you could face:
- Up to three years in prison.
- A fine of up to $5,000.
- Or both imprisonment and a fine.
In addition to these statutory maximums, a judge could also sentence you to a lengthy period of probation, require you to pay restitution to any victims who suffered a financial loss, and order you to complete community service. The Minnesota sentencing for filing a forged instrument is designed to punish and deter, making a formidable defense absolutely essential.
What Filing a Forged Instrument Looks Like in Real Life — Common Scenarios in Minnesota
These charges often arise from complex situations involving property disputes, financial desperation, or interpersonal conflicts. The act of filing a fraudulent document can take many forms, but it is always a serious offense that can lead to felony charges. Here are some common scenarios that could result in a charge for filing a forged instrument in Minnesota.
Forged Deed in a Minneapolis Property Dispute
Following a contentious family disagreement over an inheritance, an individual forges the signature of a sibling on a quitclaim deed, effectively transferring a Minneapolis property into their own name. They then file this forged deed with the Hennepin County Recorder’s Office. Even if the forgery is discovered quickly, the act of intentionally filing the fraudulent document is enough to trigger a felony charge under § 609.64.
False Mechanic’s Lien in a Rochester Construction Project
A contractor in a dispute with a homeowner over payment for a remodeling project in Rochester fabricates invoices to inflate the amount owed. They then use these false documents to file an invalid mechanic’s lien against the homeowner’s property with the Olmsted County Recorder. This intentional filing of a document with false information to encumber the property’s title is a criminal offense.
Fraudulent Will Filed in a St. Paul Probate Case
An individual who was left out of a relative’s will creates a new, forged will that names them as the primary beneficiary. They then file this forged will with the Ramsey County Probate Court in St. Paul to initiate the probate process. When the legitimate heirs contest the will and a handwriting analysis proves the forgery, the individual faces felony charges for filing a forged instrument in a public office.
Altered Car Title in a Duluth Vehicle Sale
In an attempt to sell a vehicle in Duluth that has an existing loan, the owner digitally alters the car title to remove the lienholder’s information. They then present this altered, false title to a buyer and file the fraudulent transfer paperwork with the Department of Public Safety. This act of filing a known false instrument affecting personal property is a direct violation of Minnesota’s forgery filing statute.
Legal Defenses That Might Work Against Your Charge of Filing a Forged Instrument
Being charged with a felony for filing a forged instrument can feel like a conviction is inevitable, but that is far from the truth. The prosecution carries the entire burden of proof, and their case may be built on flawed evidence, incorrect assumptions, or a misinterpretation of your intentions. As a Minnesota criminal defense attorney with experience in fraud and forgery cases, I know how to dissect the state’s arguments and build a powerful defense to protect your freedom.
Your side of the story is crucial. Often, there are valid explanations for what happened that do not involve criminal intent. Perhaps you were given the document by someone you trusted, or you had no knowledge of its fraudulent nature. My job is to bring these facts to light and to hold the prosecution to their high standard of proof. We will explore every possible defense, from challenging the evidence to demonstrating your lack of intent, to fight for a dismissal, a reduction in charges, or a not-guilty verdict.
Lack of Intent
The cornerstone of any defense against this charge is challenging the element of intent. The prosecution must prove that you knew the document was false or forged and that you intentionally filed it.
- No Knowledge of Forgery: You can argue that you were unaware the document was fraudulent. For example, if you were an intermediary filing paperwork on behalf of a business partner or family member, you may have had a good-faith belief that the instrument was genuine.
- Mistake of Fact or Law: You may have believed you had a legal right to the property and that the document you filed was a legitimate way to assert that right. While ignorance of the law is not a complete defense, a genuine misunderstanding of complex property laws can show that you did not have the specific intent to commit fraud.
You Were Not the One Who Filed the Document
The prosecution must directly link you to the act of filing the instrument.
- Identity Theft or Unauthorized Use of Your Name: Someone else may have forged the document and filed it using your name and information without your knowledge or consent. In this scenario, you are a victim, not a perpetrator.
- No Proof of Your Involvement: The state may have evidence that a forged document was filed, but their evidence that you were the one who physically or electronically submitted it may be weak or circumstantial. We can challenge the chain of custody and the evidence linking you to the crime.
The Document Was Not Forged or False
In some cases, the best defense is to challenge the state’s assertion that the document itself is fraudulent.
- Authenticity of the Document: We can present evidence, including testimony from handwriting analysts or other forensic experts, to prove that the document is genuine. The accuser may have a motive to falsely claim forgery, such as in a bitter property dispute.
- Information Was Not Materially False: You can argue that any inaccuracies in the document were minor, immaterial, and did not affect the legal rights associated with the instrument. A simple typo or an inconsequential error does not rise to the level of a criminal offense.
Consent
If you signed another person’s name to a document, you may have had their permission to do so.
- Express or Implied Consent: You can present evidence that the individual whose name was signed had given you either direct permission (express consent) or that your relationship and past dealings implied you had the authority to sign on their behalf (implied consent). If you had consent, there was no forgery.
Minnesota FAQs on Recording a Forged Instrument — What You Need to Know Now
Will I go to jail for filing a forged instrument in Minnesota?
A prison sentence of up to three years is possible for this felony offense, but it is not a mandatory outcome. For first-time offenders, a skilled defense attorney can often negotiate for alternatives such as probation, fines, and community service instead of incarceration. The goal is always to minimize the penalties and, ideally, to avoid a conviction altogether.
Can a charge of filing a forged instrument be dismissed?
Yes. A dismissal is often the best possible result. I can work to get your case dismissed by demonstrating to the prosecutor that they have insufficient evidence to prove a key element of the crime, such as your intent. A dismissal can also be achieved if we can show that your constitutional rights were violated during the investigation.
Do I really need a lawyer for this charge in Minneapolis or St. Paul?
Absolutely. This is a serious felony charge, not a minor infraction. The prosecutors in Hennepin and Ramsey counties are experienced and will prosecute these cases aggressively. You need a dedicated criminal defense attorney who can level the playing field, protect your rights, and navigate the complexities of the local court system.
How long will a conviction for filing a forged instrument stay on my record?
A felony conviction will remain on your criminal record permanently in Minnesota unless you are able to get it expunged. Expungement is a separate legal process that is not guaranteed. This is why it is so critical to fight the charge from the beginning to avoid a conviction that will follow you for the rest of your life.
What is the difference between this crime and general forgery?
General forgery (Minn. Stat. § 609.63) covers the creation or use of a forged document with the intent to defraud. Recording a forged instrument (§ 609.64) is a more specific crime that punishes the act of entering that fraudulent document into the public record, which the law sees as a particularly harmful act.
What should I do if investigators want to question me?
You should politely but firmly decline to answer any questions and state that you wish to speak with an attorney. Do not try to explain your side of the story, as anything you say can be used against you. Contact a criminal defense lawyer immediately.
I didn’t make any money from filing the document. Does that matter?
No. The crime is complete the moment you intentionally file the false or forged instrument. The prosecutor does not need to prove that you gained any financial benefit or that anyone suffered a loss. The crime is in the fraudulent act of corrupting the public record itself.
Can I be charged if I didn’t know the document was forged?
No. Lack of knowledge is a complete defense. The statute requires that you act “intentionally.” If you genuinely believed the document was authentic when you filed it, you did not have the criminal intent required for a conviction. Proving this is a key part of a strong defense strategy.
What if I was just helping a friend or family member file paperwork?
If you were acting as an agent for someone else and had no knowledge of any forgery, you should not be found guilty. In this case, you were an innocent party used by someone else to commit a crime. It is crucial to have an attorney who can clearly present these facts to the prosecutor.
Is it possible to get this charge reduced to a misdemeanor?
While the statute itself defines the crime as a felony, it may be possible through negotiation to have the charge reduced to a lesser offense, such as a gross misdemeanor or misdemeanor, especially if the evidence is weak or there are significant mitigating circumstances. This would be a key goal in plea bargaining.
Can this charge affect my professional license?
Yes. A felony conviction for a crime of fraud or dishonesty can have devastating consequences for your professional life. It can lead to the revocation or suspension of licenses for professions like real estate, law, nursing, and financial services.
What is considered a “public office” under this law?
A public office is any government entity authorized to officially file or record documents. This includes County Recorder offices, the Secretary of State’s office, court clerk offices, and state agencies like the Department of Public Safety (for vehicle titles).
What if the document was rejected for filing?
It does not matter. The statute punishes anyone who “intentionally presents for filing.” The crime is in the presentation of the fraudulent document to the public office, regardless of whether it was ultimately accepted and recorded.
Can I be charged for filing a false document related to something other than property?
Minnesota Statute § 609.64 specifically applies to instruments “relating to or affecting real or personal property.” However, filing other types of false documents could lead to different criminal charges, such as perjury or general forgery.
What is the first step I should take if I’m charged?
Your first and most important step is to contact an experienced Minnesota criminal defense attorney. The sooner you have legal representation, the better your chances of achieving a positive outcome. An attorney can protect you from self-incrimination and begin building your defense immediately.
What a Conviction for Filing a Forged Instrument Could Mean for the Rest of Your Life
The penalties listed in the statute are only the beginning. A felony conviction for a crime of dishonesty like filing a forged instrument carries a lifetime of collateral consequences that can impact your career, your finances, your family, and your fundamental rights. This is why fighting the charge is not just about avoiding jail time; it’s about protecting your entire future.
A Permanent Felony Record
A conviction for this offense will brand you as a felon for life. This public record will appear on every background check, creating an immediate red flag for potential employers, landlords, and anyone else who runs a check on your history. This label can follow you forever, closing doors before you even get a chance to prove yourself.
Devastating Impact on Your Career and Housing
Finding a good job with a felony conviction for a crime of fraud is incredibly difficult. Employers in almost any field will be hesitant to hire someone they perceive as untrustworthy. It can also be a significant barrier to obtaining professional licenses. Similarly, many landlords will deny rental applications from individuals with a felony record, making it hard to find safe and stable housing in competitive markets like Minneapolis or its suburbs.
Loss of Your Civil Rights
In Minnesota, a felony conviction means you lose your right to vote until you have completed your entire sentence, including probation. Even more significantly, you will be permanently banned from owning or possessing a firearm under both state and federal law. This is a fundamental right that is stripped away by a felony conviction.
Immigration Consequences
For non-citizens, a conviction for a crime of fraud like filing a forged instrument is considered a “crime involving moral turpitude.” This can have catastrophic immigration consequences, including the denial of a green card application, the refusal of re-entry into the United States, and even deportation, regardless of how long you have lived here.
Why You Need a Tough, Experienced Minnesota Forgery Attorney
When you are facing a felony charge that threatens your freedom and your future, you cannot afford to go it alone. The state has skilled prosecutors and extensive resources dedicated to securing a conviction. You need a dedicated and experienced Minnesota criminal defense attorney in your corner to level the playing field and fight for you. Making the right choice in legal representation is the most important decision you will make in this entire process.
An Advocate Who Understands Crimes of Intent
This case will hinge on what you intended when the document was filed. Proving or disproving a person’s state of mind is one of the most complex challenges in criminal law. I have extensive experience handling fraud and forgery cases that turn on this very issue. I know how to investigate the circumstances, gather evidence of your good faith, and present a compelling narrative to a prosecutor or a jury that shows you lacked the criminal intent required for a conviction.
The Power of Immediate Action
The most critical time in a criminal case is at the very beginning. The sooner you hire an attorney, the more opportunities we have to control the outcome. I can intervene early with the prosecutor, often before formal charges are solidified, to present our side of the story and negotiate for a dismissal or a reduction in charges. I can also ensure that crucial evidence is preserved and that you do not inadvertently say or do something that harms your case. Acting quickly is your most powerful strategic advantage.
Deep Knowledge of Minnesota’s Court Systems
I have defended clients in courtrooms across the state of Minnesota, from the major metropolitan courts of Hennepin and Ramsey County to the county seats in greater Minnesota. I understand that each jurisdiction has its own procedures, and each prosecutor’s office has its own policies. This firsthand experience allows me to effectively navigate the local legal landscape, anticipate the prosecution’s moves, and tailor your defense to the specific court and judge you are facing.
A Commitment to Achieving the Best Possible Result
My mission is singular: to protect you and your future. I am not interested in quick, easy plea deals that leave you with a damaging criminal record. I will meticulously prepare your case for every possible outcome, whether that means negotiating for a complete dismissal, arguing for a favorable plea agreement that keeps a felony off your record, or taking your case to trial and fighting for a “not guilty” verdict. You are facing a serious threat, and you deserve a serious, unwavering defense.