Use of a Cancelled or Revoked Financial Transaction Device
Michigan Financial Transaction Device Defense Attorneys
Michigan law prohibits an individual from knowingly and with intent to defraud using one or more financial transaction devices (FTD) that has been canceled or revoked by the issued for the purpose of buying goods, services, property, or anything of value. At Kronzek & Cronkright, PLLC, we offer premier criminal defense attorneys who practice throughout Michigan. If you or a loved one is charged with an economic crime, contact us immediately for assistance by calling (866) 766-5245.
At trial, the prosecutor must prove the following beyond a reasonable doubt for a conviction to result:
The financial device was canceled or revoked; and
The device had been issued to an individual and had been canceled or revoked by issuer; and
The defendant received notice of the cancellation or revocation; and
After receiving the notice, the defendant used the device at a business to obtain goods, services, property, etc; and
When defendant used the device, he or she knew it had been canceled or revoked; and
At the time of use, the defendant intended to cheat or defraud another person.
The fair market value of the property involved must also be shown.
There are many ways to defend an FTD charge. It is best to sit down with an attorney that you have confidence in and decide on your defense strategies. We have handled many of these cases and each one is different. The facts of your case will affect which direction we head in. Kronzek & Cronkright has handled financial crimes cases with amazing success. We have avoided prison, avoided jail, defeated cases in pre-trial proceedings and won jury in front of the jury. Once you retain us, we will formulate a viable defense strategy together. You will have the benefit of working with a very skilled and accomplished defense team.
Potential penalties are important. Many people want this information and so we provide it here. However, this section would only apply to your case if you were convicted of this crime. We have many ways of improving your situation including winning at trial, obtaining no-jail agreements, settling the case for reduced charges or entering into one Michigan’s special statutory deferral programs.
Having said that, here is Michigan’s sentencing scheme, keep in mind that these are statutory maximums and may not indicate what you would actually serve.
If the value of the services, goods, property, or items is less than $100.00, then the penalties are as follows:
For a first offense, an individual may be charged with a misdemeanor punishable with a maximum penalty of 93 days in jail, a fine up to $500.00, or both.
If there are 1 or more prior convictions under this section (or a substantially similar local ordinance), then a person may be charged with a misdemeanor with a maximum penalty of 1 year in jail, a fine up to $1,000.00, or both.
If the value of the property, goods, services, or items is $100.00 to $500.00, then the penalties are as follows:
For a first or second offense, a person may be charged with a misdemeanor with a maximum penalty of 1 year in jail, a fine up to $1,000.00, or 3 times the aggregate value of the goods, services, etc; whichever is greater, or both.
Before You Do Anything Else, Contact Us.
If you are facing a criminal prosecution, time is of the essence. Don’t delay. Don’t talk to police, employers and other about the accusations. For early guidance, contact one of our Michigan Criminal Defense Attorneys and get some help from someone who knows how to defend a Financial Transaction Device Crime. Call (866) 766-5245 to speak with an expert criminal defense attorney.