Legal Question in Criminal Law in Michigan

Can you give me a simple definition of the crime of "Uttering and Publishing"?


Asked on 3/24/10, 6:22 am

2 Answers from Attorneys

This is the charge normally used for writing bad checks. You can get more complete information about Michigan criminal cases at:

www.AggressiveCriminalDefense.com

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Answered on 3/29/10, 6:30 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

It involves (1) presenting (uttering & publishing) (2) a document (3) as true (4) when the document is actually false, forged, altered or counterfeit, (5) with the intent to defraud someone and (6) knowing that the document is false, forged, altered or counterfeit. While this charge usually surrounds someone passing a bad check, it can involve the presentment of any "writing" (record, deed or instrument) ... and I have known of cases where someone is charged with U&P for filing a will with the probate court knowing that the will is bogus (e.g., the will-maker's signature has been forged), or filing a property return form that is bogus (e.g., claiming that the person is the property's owner). While this is a felony that carries up to 14 years in prison, it is a Class E felony, and a person very very rarely goes to prison for this, unless he/she has a very long criminal history, etc.

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Answered on 3/29/10, 7:27 am


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