I have a case with 12 checks, written over a six week period. Some are written on the same day. Do I have one forgery or 12 counts?

I think I have 12 counts, if I want to charge it that way.

Ernie,

As Ed McMahon used to say, "You are correct Sir!" You have 12 counts, should you desire to indict that way. I usually indict for one count, and make the maximum recommendation, if the rec is state jail or pen time (depending on the instrument passed or possessed, etc), with the adviso that the other cases will be indicted and that stacking will be sought should the defendant refuse the offer.

Just remember, you can threaten to stack, if you are lucky enough to have a judge so inclined and the facts/criminal history warrant it, those incidents that are at separate times AND are contained in separate cause numbers.

As most forgery cases are SJF's, I try to use this "motivation" to attempt to get restitution up front from the family of the defendant with the offer that he will plead to one case for 24 months and that the other cases won't be filed.

You'd be surprised that the number of "indigent" defendants who can garner the resources from family or friends to make the victim whole, despite their initial statements to the contrary. I always endeavor to get up-front restitution for the victim whenever possible, even on pen/sjf cases.

As you probably know, you can't enforce restitution on parole or upon probation revocation unless each crime is alleged in the charging instrument and pleaded to. So if you are going the probation route, indict all 12 as separate counts in one indictment and make him plead to all.

Two thoughts:

First, if your hero has no other state jail convictions, make sure he pleads to at least two counts for future enhancement purposes - sadly he probably will not learn his lesson from this whole sordid experience and emerged a changed man.

Second, I have dealt with the issue of restitution for offenses not in the indictment before, but I was wondering about 12.45 PC. If the defendant admits criminal responsibility as part of a plea bargain, is that enough? If someone agrees to pay as part of a plea bargain, they can hardly appeal, but if restitution is unspecified...