Miami Notary Misconduct Defense Lawyer

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.

Contact Us Today for a Free Consultation

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. 

Schedule your free consultation today by calling 305-249-0090 if your case is out of Miami, 954-524-4474 if your case is out of Broward County, or contacting us online.