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Miami Notary Misconduct Defense Lawyer
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Notary misconduct occurs when any notary public, or a state government official that has been appointed to serve the public as a witness in performing a variety of official fraud-deterrent acts related to the signing of important documents, behaves in a manner that is contrary to the rules of their office. Generally, this occurs when a notary public is accused of notarizing something in their own name. Notary misconduct is a form of potential forgery. It is also possible for a notary public to be charged with misconduct when another individual forges their signature or acts in the position of a notary public.
If you have been accused of this offense, it is important that you have a Miami notary misconduct defense attorney, like Evan Hoffman of The Hoffman Firm, on your side. He has successfully represented clients both in and out of the courtroom and constructs aggressive defense approaches for each client.
Because a notary public deals with many important legal documents and serves as a representative of the state government, he or she has many responsibilities. Any violations of such policies are considered misconduct and are punishable offenses.
According to Florida Statute, a notary public is responsible for:
- Ensuring that the individual who is supposed to be signing the documents is present at the time of signature and notarization
- Confirming the identity of all individuals whose signatures are to be notarized
- Ensuring that all jurats are completed and nothing is left blank, including the venue of notarization, name of all parties who need their signatures notarized, and the type of identification used to prove the identities of those signing the documents
Criminal Notary Misconduct Offenses
Because there are so many ways to violate the legal code surrounding notarization, there are many different penalties associated with these offenses.
Any time a notary public fails to uphold his or her responsibilities, it is considered misconduct and a criminal offense. One of the more common offenses is a notary public who authorizes a document without the person whose signature is on the document being present. Because there is no exception to this policy, a violation of this is a civil infraction and the punishment is a fine of up to $5,000. However, if the prosecution convicts a notary public of this offense with an intent to defraud, it could result in a third-degree felony.
Another of the common offenses is falsely accepting or receiving an acknowledgment of a signature on a document that is to be notarized. This is a third-degree felony and is punishable by up to 5 years in state prison and/or a fine of $5,000. Other third-degree felonies include using anything other than your legal name to obtain a notary public commission or a notary public notarizing a document in his or her own name.
Additionally, any unlawful possession of a notary public official seal or any copies of papers related to a notary public’s official duties is considered a second-degree misdemeanor.
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At The Hoffman Firm, our Miami notary misconduct defense attorney has been assisting clients since 2001. Due to his former prosecution experience, he has unique insights into the mindsets and strategies of the other side and can use that to help construct your defense.
Client-Focused RepresentationOur Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of ExperienceAttorney Evan Hoffman has over two decades of experience fighting for the accused.
Premier Criminal Defense FirmExperienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
Proven Track RecordClient satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
Florida Former State ProsecutorAttorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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