If you have been charged with Uttering and Publishing, the prosecutor must prove that you knowingly presented a false, altered, forged, counterfeited or fictitious instrument (e.g., check, money order, credit sales slip) with intent to defraud or cheat. The instrument need not have been accepted as good, and actual loss is not required. Uttering and publishing is a Felony offense which is punishable by up to fourteen years in prison. This charge is most commonly associated with forged and/or fraudulent checks. The maximum penalty for this offense is a felony, and the conviction carries a possible 14 year prison sentence.
In addition to the Uttering and Publishing statute, Michigan has a wide variety of fraudulent/forgery/counterfeit instrument laws. These laws ban everything from taking out a credit card in another’s name to passing off imitation leather as real, and they are filled with pitfalls for the unrepresented or inexperienced.
Forgery of records and other instruments; uttering and publishing. MCL 750.249
Forgery of bank bills and promissory notes. MCL 750.251
Possession of Counterfeit Notes. MCL 750.252
Uttering counterfeit money. MCL 750.253
Obtaining a signature by fraud. MCL 750.273- 750.274
Fraudulent Disposition of Personal Property. MCL 750.279
The most common cases under these statutes involve debit/credit card fraud, forged checks or promissory notes, bad checks, opening a card under a fictitious name, etc. Since these crimes carry such a high sentence of 1 to 14 years in prison, it is important to retain an experienced Criminal Defense Firm to protect your rights. Additionally, if convicted you will be required to pay restitution, and reimburse the victim in the full amount. The experienced attorneys of Garmo & Kiste, PLC have successfully gotten charges such as these modified, reduced, and even dismissed due to our hard work and relationships with prosecutors and other attorneys in the area.
To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us
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