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Dominic Jr. is a Marquette Michigan criminal defense lawyer. During the summer of 2017, he got an uttering and publishing case dismissed, which involved various categories of documents or instruments that fall under Michigan law as ‘writing listed’ in the relevant statute.
Background
The citizen was charged with passing counterfeit money. Before the preliminary examination, the prosecutor made a great plea deal. But, Dominic Jr. and the client decided not to take it. The client should not plead guilty to something he didn’t intentionally do.
Under Michigan law, ‘publishing occurs’ when false or counterfeit records are presented with the intent to defraud. This crime encompasses various forms of fraud beyond just check or note forgery, including the use of fraudulent financial transaction devices.
Understanding Uttering and Publishing Under Michigan Law
Uttering and publishing is a serious crime in Michigan that involves the presentation of false or counterfeit documents with the intent to defraud or injure. Under the Michigan Penal Code Section 750.249, this offense is clearly defined and carries significant consequences. To secure a conviction, the prosecution must prove that the defendant knowingly presented a false document with the intent to defraud or injure another party. This crime is not taken lightly under Michigan law, as it can result in severe penalties, including up to 14 years in prison and a $10,000 fine. The law aims to protect individuals and institutions from financial crimes that can cause substantial harm.
Elements and Penalties of Uttering and Publishing
To be convicted of uttering and publishing, the prosecution must establish three critical elements:
- The document in question is false, forged, altered, or counterfeit.
- The defendant knew the document was not genuine.
- The defendant intended to injure or defraud another party.
The penalties for uttering and publishing are severe and can include:
- Up to 14 years in prison.
- A $10,000 fine.
- A felony conviction, which can lead to the loss of civil rights, such as the right to vote, serve on a jury, or own/possess firearms.
These penalties underscore the seriousness of the crime and the importance of a robust defense.
Examples of Counterfeit Documents
Counterfeit documents that can lead to uttering and publishing charges include:
- Forged or altered checks.
- Counterfeit currency.
- Stolen credit cards or gift cards.
- False or altered identification documents.
- Counterfeit financial transaction devices.
These examples illustrate the variety of documents that can be involved in such financial crimes, highlighting the need for vigilance and legal expertise.
Case Progress
They held the preliminary examination. At it, Dominic Jr. got the police officers to admit some important mistakes. The biggest mistake was that the officers did not read the citizen his Miranda rights.
The case involved allegations of fraud, emphasizing the serious consequences of engaging in fraudulent activities, particularly through the use of false or counterfeit documents.
Despite the police officers’ mistakes, the trial judge still bound the case over. The case was transferred to the circuit court.
Motion to Exclude: Miranda Violation
In the circuit court, Dominic Jr. filed a motion to exclude the citizen’s statement.
Generally, if the police don’t tell a person about their Miranda rights, then the person’s statements to the police cannot be talked about during trial. There is a lot more to the rule than that, but that is the starting point.
The case involved a false, altered, forged document, highlighting the legal implications of such fraudulent activities under Michigan law.
Instead of fighting the motion, the prosecutor agreed the police officers made a mistake. The prosecutor also agreed to not talk about the citizen’s statements during the jury trial.
Motion to Dismiss: Lack of Evidence
After the prosecutor agreed not to talk about the client’s statements, Dominic Jr. filed a motion to dismiss the case.
Generally, if the prosecutor doesn’t have enough evidence to prove the charged crime, the case must be sent back to the district court or dismissed.
Read the brief here: Michigan Uttering and Publishing Brief
Instead of fighting that motion, the prosecutor agreed again.
Importance of Hiring a Michigan Criminal Defense Attorney
If you have been charged with uttering and publishing, it is crucial to hire a skilled criminal defense attorney to protect your rights and freedom. A knowledgeable attorney can:
- Guide you through the complex legal process.
- Safeguard your rights and ensure fair treatment.
- Negotiate with the prosecution to have charges dropped or reduced.
- Provide quality legal representation to achieve the best possible outcome.
Facing uttering and publishing charges is daunting, but with the right legal support, you can navigate the legal system more effectively. Contact a criminal defense attorney today to schedule a consultation and discuss your case.
End Result: Dismissal!
A few days before the hearing, the prosecutor emailed Dominic Jr. To the prosecutor’s credit, the prosecutor dismissed the case!
Where most people or criminal defense lawyers would take a quick and easy plea deal, Dominic Jr. and his client fought the case. Instead of pleading guilty to something he didn’t do, the citizen walks today without a criminal conviction! The law outlines different offenses related to uttering and publishing, emphasizing the breadth of illegal activities classified under this legal term.
Your Marquette Michigan Criminal Defense Attorneys: Dominic F. Andriacchi, Jr.
At Andriacchi Law, we are Marquette Michigan criminal defense lawyers and we help citizens accused of crimes throughout the Upper Peninsula and Michigan. We help people charged with everything from domestic violence to murder. We’ve represented clients in all Michigan courts, from district court to the Supreme Court. We can help you, too. If you or someone you know have been charged with a crime, give us a call right now at (906) 486-4457 or email us at [email protected]. You need to act now so that you, or someone you know, doesn’t say the wrong thing or let important evidence disappear.