Legal Question in Criminal Law in Michigan
what does uttering and publishing mean and what is the possible punishment? I had a good friend steal from me and this is what she is being charge.
1 Answer from Attorneys
Uttering & Publishing (U&P) occurs when a person presents to another person a false, forged or otherwise fictitious ("bogus") document KNOWING that the document is "bogus" and INTENDING to defraud someone else. In most cases it arises when someone presents a counterfeit or forged check to a bank teller or another business, knowing that it is bogus and intending on defrauding the bank or business. But it can arise in other situations. I have seen this charge issued when a person files a will at the probate court clerk where the signature was forged or bogus in some way. This crime is a felony and has a very high maximum penalty under (14 years max.), but it is not treated that harshly by a felony sentencing guidelines, which invariably calculate a recommended minimum sentencing range that is prison-proof (meaning that the person should not be sent to state prison, but could receive county jail time).
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