I wrote a check at a Sec of State office nearly 3.5 years ago. The check was returned unpaid to the SOS, an honest accounting mistake on my part. I never received notification of this happening (I’ve moved a few times since then). A year later I returned to the SOS to get new tabs and was informed of the check. They informed me that my plate was no longer valid and I had to pay that balance + the new reg fee to get another plate, which I did. I never heard another word of this until last week (2.5 years later) when I got a call from the Eaton co. prosecutor saying they can prosecute me over this unless I submit to a diversion program and pay the “fees”. Is this type of thing common in Michigan? Is there any way to fight this since I paid already, or am I pretty much screwed?
This type of prosecution is common in most jurisdictions, not just Michigan. Whether to fight or take the diversion is up to you. I suggest hiring or at least consulting with an experienced criminal defense lawyer who cab advise you specifically on the matter.
John S. Riordan, Esq.
West Palm Beach, FL
John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
You certainly can fight this type of prosecution. In order to pass a bad check there haqs to be some intent and knowledge that it is bad. If what you say is true, that it was an accounting error rather than an intent to defraud, you should not be found guilty of anything. I practice criminal defense in Michigan, feel free to give me a call at 616 742 0667.
It appears that one hand of the government does not know what the other is doing.
The first thing you need to do is get an attorney and STOP speaking the the prosecutor, they are NOT your friend.
If the original NSF has been covered, it would seem to me very doubtful there would be a desire to continue the prosecution in the situation, if it has been fully explained. Perhaps its can be handled with some documents and a few phone calls, and therefore at a low cost.
My firm, myself and fellow attorney's cover such matters and would be pleased it you called with further information.
To the PROSPECTIVE client, my answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement. For an appointment please call please call 586-778-0900 or contact [email protected] via email.
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