One of the oldest white-collar crimes in the book is check forgery and even though checks aren’t as widely used today as they were twenty years ago–that doesn’t mean check fraud isn’t still common. “Uttering and publishing” a check without authorization to do so is a serious crime in the state of Michigan. Any offense related to check fraud is classified as a felony and carries a harsh sentence including years in prison and expensive thousand-dollar fines.
Have you been accused of check fraud or forgery? Then you’ll require a lawyer with the financial and legal experience needed to take on such a complex case. With the help of a qualified criminal defense team, you can challenge the prosecution’s accusations and fight for reduced or dismissed charges depending on the facts of the case.
Check Fraud Defense Lawyer, Oakland County | Michigan Uttering & Publishing Laws
Check forgery, fraud, uttering and publishing, and any other form of financial crimes are often complex and require an intricate understanding of Michigan’s laws. For this reason and more, we highly encourage you to contact Dallo Law, P.C. for legal counsel today. J. Dallo and his experienced legal team can assist you by implementing an effective and efficient defense tailor made for your charges. To learn more about your legal options, contact us today.
You can reach our office at (248) 283-7000 to schedule your first consultation free of charge. Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Bloomfield Hills, Birmingham, Rochester, Rochester Hills, Eastpointe, Romeo, Roseville, Mount Clemens, Waterford Township, Pontiac, and Auburn Hills.
Information Center:
- What is Uttering and Publishing?
- Check Forgery Punishment
- Counterfeit Check Penalty
- Additional Resources
What is Uttering and Publishing?
Forging a check is considered to be uttering and publishing, but you may be wondering what that actually means. According to MCL 750.249, uttering and publishing is when an individual forges, alters, or creates a counterfeit record in an effort to purport the document as if they were legitimate. So, if a person utters and publishes a check then it’s considered check fraud.
Uttering and publishing is a serious felony offense outlined under the Michigan Penal Code. According to the statute, any person who utters and publishes as true a false, forged, altered or counterfeit check in an effort to defraud or injure another is guilty of a felony.
In some cases, the crime of forging checks is charged under MCL 750.251 of the Penal Code. The law under this section states forgery of any bank bills and notes—including checks—in an attempt to defraud or injure another person is a felony offense.
Check Forgery Punishment
Unfortunately, the penalties for check fraud and forgery could potentially alter your life indefinitely. The lightest penalty for the crime a person can receive is a felony, so you should expect to face time in prison and be required to pay expensive fines if you’re convicted. The severity of the penalties for check forgery will depend on what statute you’re charged under. If you were accused of uttering and publishing a check under MCL 750.249b, then you’ll be facing a felony offense punishable by:
- Up to 14 years in prison
- A possible fine
- Potential restitution to the victim and their family
If you were found forging bank notes, bills, or a check under MCL 750.251, then you’ll be facing a felony offense. The maximum sentence the judge can impose on you under this section is:
- Up to 7 years in prison
- A possible fine
- Potential restitution to the victim and their family
Counterfeit Checks Penalty
Some offenders will avoid forging or altering real checks and will instead create a counterfeit check book to defraud others with. Possessing any counterfeit notes including checks is prohibited under the Michigan Penal Code Section 750.252. According to the code, any person in possession of 10 or more similar false, altered, forged, or counterfeit checks with intent to utter the same as true will be guilty of a felony.
If convicted, the maximum punishment the offender may face for violating MCL 750.252 includes the following:
- Up to 7 years in prison
- A possible fine
- Potential restitution to the victim and their family
Additional Resources
Michigan Statue for Uttering and Publishing – Visit the official website for the Michigan Legislature to read up on their uttering and publishing laws. Access the site to learn more about check forgery, fraud, and other related financial crimes.
Counterfeit Laws in Michigan – Visit the official website for the Michigan Legislature to read up on their laws regarding counterfeit notes including checks. Access the site to learn more about counterfeit notes, what happens if you possess them, and other related crimes.
Oakland County Check Forgery Lawyer | Bloomfield Hills, MI
If you or someone you know has been arrested for forging checks, it’s imperative you seek an experienced criminal defense attorney for assistance like Dallo Law, P.C.. J. Dallo of Dallo Law, P.C. has been practicing for years and understands what it takes to defend a financial crime including check forgery and fraud. Call today to learn your legal options with Dallo Law, P.C..
Dallo Law, P.C. can be reached at (248) 283-7000. Call now to set up a free consultation.