Legal Question in Criminal Law in Michigan

Uttering & Publishing

Sister is being charged with two counts of Uttering & Publishing. She is on probation for forgery/itendity theft charge in another state. Her probation was transferred here. She was told the max is 14 years, what can she realistcly expect to be sentanced to? Is there any way for her to avoid jail time?


Asked on 4/19/07, 10:06 am

2 Answers from Attorneys

Re: Uttering & Publishing

It is impossible for any attorney to accurately answer this question without knowing MUCH more about this case. I strongly suggest that your sister hire an aggressive and experienced attorney to fight for her. We would be happy to offer her a free initial consultation by calling us at 1 866 7NoJail (1 8667665245)

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 4/19/07, 10:26 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Uttering & Publishing

I agree with the first answer -- that it is impossible to accurately gauge what the sentence might be with the limited background and fact info in your question.

However, while U&P carries a 14-year maximum prison term, very few people convicted of passing bad checks go to state prison. Many receive county jail time (which is limited to 1 year maximum), or may receive probation without jail.

Whether the judge sends someone to prison is usually tied to the scoring results on the Felony Sentencing Guidelines, which scores points for the person's prior criminal record as well as variables about the present case. Your question does not tell us what we would need to know to "score the Guidelines". Your sister should consult with -- or hire -- a criminal defense attorney (or apply for a court-appointed attorney) to review all the case facts, her past record, and what her best plan should be.

Some counties (like mine) offer Diversion programs for bad check cases, which may allow the defendant to not wind up with a criminal conviction (provided that full restitution is promptly paid, some eduction/counseling is done, etc.). Check out our program's web site at www.prosecutingattorney.info (and then click on the Economic Crimes Unit button).

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Answered on 4/19/07, 12:21 pm


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