Legal Question in Criminal Law in Michigan

22 yr old caught up in "check" scandal

My 22 yr old son drove a couple of kids around that made fake checks on a computer and cashed them at various banks. My son knew of the fake checks, but was not the one cashing them. He's also helping a Sheriff's officer bring in one of the people involved that had warrants for his arrest. They've caught two of the boys, one says he's not serving any time for it. And now they're supposedly looking for my son because others are doing the same thing. My son has 2 prior misd.(not fraud related) and a prior felony (MDOP o/$100 '96). He's not on probation, and he's been off parole for almost two years. Can you tell me what he might be expecting? Also, can you provide a number for a lawyer I might speak to about this. He's about to be married and we'd like to keep him around for the wedding. Thank you for your time.


Asked on 10/06/00, 1:25 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: 22 yr old caught up in

Even though your son didn't cash the bogus checks, he knowingly helped (aided and abetted) those who did. That makes him "as guilty" as those who presented the checks at the teller/cashier's window. It's the same theory as why the get-away car driver in a bank robbery can be charged with and convicted of Bank Robbery, even tho he never entered the bank.

Michigan has several possible charges, including Uttering & Publishing a false/bogus/forged check. This carries a maximum 14 years in prison, but your son would likely get a little jail time at most, and maybe just probation + fines/costs at best. Our felony sentencing guidelines place this kind of property crime at the lower end of the scale re: jail time.

His cooperation may affect (to his benefit) what the prosecutor recommends, and what the judge ultimately does.

Call the State Bar of Michigan Lawyer Referral Service for names/numbers of lawyers in your area: 800/968-0738.

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Answered on 11/03/00, 10:49 am


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