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Uttering And Publishing Charges

What is Uttering and Publishing?

The offense of uttering and publishing occurs when a person offers as true an instrument like a check, record, deed, or other writing that is false, forged, altered, or counterfeited with the intent to defraud others.

Uttering means to offer an instrument as valid. Merely showing a forged instrument without trying to pass it as good is not uttering. In order for the prosecution to prove uttering and publishing, the following must be established beyond a reasonable doubt:
‚ÄĘ The instrument was forged, falsely made, altered, or counterfeited;
‚ÄĘ The defendant had an intent to defraud and knew the instrument was false;
‚ÄĘ The instrument was offered as payment; and
‚ÄĘ By words or actions, either directly or indirectly, the defendant asserted that the instrument was good.
In addition, the instrument does not need to be accepted as genuine; the defendant only needs to offer the instrument as such. Moreover, the defendant does not need to be the forger or to know who forged the instrument either.

What is the penalty for Uttering and Publishing in Michigan?

Uttering and Publishing is a crime that carries a maximum penalty of 14 years in prison.

Obviously, this is a very serious crime.  Fortunately, for may charged with uttering and publishing, Michigan Sentencing Guidelines will work to avoid a prison sentence.  Before  you consider a plea offer, you should know what your sentencing guideline score is.

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