Legal Question in Criminal Law in Michigan

Re: arrested for misdemeanor insufficient funds help!

You can still be charged even though you paid back the full amount. At the arraignment, you should plead not guilty and have the matter set down for a pre-trail. Don't discuss the matter with anyone except your attorney. Please call my office to discuss the matter further. Eric I. Kutinsky, Esq. (248) 737-7000 or (800) LAW-6685

Re: arrested for misdemeanor insufficient funds help!

I've read both previous replies--both are good. The only thing I want to add to clarify things is that just because you rectified things by paying the merchant after the crime may have been committed doesn't necessarily motivate the government (i.e., prosecutor) to conclude that you're innocent. But yes, since you do have that letter of proof, it'll be a lot easier to persuade a prosecutor to plea the charge down to a lesser offense or even drop the matter (but not a sure thing!). Remember: the government would rather put another conviction notch on its belt any way it can get it. Don't be lulled into a false sense of security by a prosecutor's seeming eagerness to "help" you. Don't trust anyone (except your own attorney). If you haven't already hired an attorney, feel free to call me toll free. Good luck.

Steve Afton

1-877-ASK-LAWS

"Absolute Defense" Criminal Lawyers

Re: arrested for misdemeanor insufficient funds help!

I don't have a problem with the first reply, except that (as a prosecutor) I would want to see your paperwork ASAP, even before the arraignment.

It may not be a total defense to the charge, but it may cause the prosecutor to dismiss the case or resolve it early ... before the expenses of retained/appointed attorney fees, subpoenas, court hearings, preparation, etc. start mounting.

You can go to an arraignment without an attorney (to be told what the charge is, to have bail/bond determined, to set the case for a pre-trial conference with the prosecutor, etc.) I know it's a radical thought: resolve a case one-on-one with the prosecutor and not spend money on a defense attorney! But it does happen.

Look at it this way: eventually, your paperwork will get to the prosecutor. Why not do it early as a sign of good faith? It's obvious that you've kept your nose clean for years, since the warrant was sitting out there for 3-1/2 years! Assuming you hadn't been dodging the cops, a prosecutor will see that and give credit where credit is due.

This is a property case. If restitution isn't at issue anymore (since the victim has been paid in full, right?), then there are good public policy reasons to either dismiss the case or resolve it as a reduced charge.

In the end, if you're not satified with what the prosecutor has to say or offer, or if you have legal questions at any stage of the case, talk to an attorney of your choosing to go over your facts, history and options, or ask the court to appoint an attorney for you.

Good luck.

Neil O'Brien

Eaton County, MI APA