Uttering and Publishing in Michigan

A plain-language look at a Michigan uttering and publishing charge: what it means to utter a forged or altered document, the related forgery charge, the felony penalty, the court path, restitution, options, and what to gather and avoid.

What Uttering and Publishing Means

Uttering and publishing is covered by MCL 750.249. It means presenting or using a false, forged, altered, or counterfeit document as if it were genuine, while knowing it is false, and with intent to injure or defraud someone.

The documents covered are listed in the forgery statute, MCL 750.248. They include public records and many financial and legal papers, such as checks and other orders for the payment of money, promissory notes, endorsements, receipts, wills, bonds, letters of attorney, and insurance policies. Presenting a check to get payment counts, even if no money is actually paid.

Three things usually matter most:

Whether the document was actually false, forged, or altered
Whether you knew it was false
Whether you intended to injure or defraud

The law does not apply to a simple scrivener's error, meaning an honest clerical mistake.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

A Felony, and the Related Forgery Charge

Uttering and publishing is a felony with up to 14 years in prison. Forgery, which is making or altering the document, is a separate felony under MCL 750.248, also with up to 14 years. A person can be charged with one or both, depending on the facts.

A forgery case can be brought in the county where the document was forged, where it was used, or where the rightful owner lives. For felonies involving acts in more than one county, Michigan law also allows a case in any county where one of the acts happened, or where the act was intended to have an effect. That means a case may be filed in a county other than where you live.

Ask your lawyer to explain exactly how many counts you face and what each one is based on.

The Felony Court Path

A felony case starts in district court, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County), and then moves to circuit court:

Arraignment on the complaint: the court tells you the charge, explains your rights, sets bond, and sets the next two dates.
Probable cause conference: 7 to 14 days after the arraignment. The prosecutor and your lawyer can discuss a possible plea, bond, and other issues.
Preliminary examination: 5 to 7 days after the conference. The prosecutor must show probable cause that a felony was committed and that you committed it. Witnesses testify under oath and your lawyer can question them.
Bindover: if the judge finds probable cause, the case is "bound over" to circuit court. If not, the judge must dismiss the charge or reduce it to a non-felony.
Circuit court arraignment: within 14 days after bindover, unless the district court handles it as the court rules allow.

Some steps can be waived or rescheduled. Ask your lawyer before agreeing to waive anything.

Restitution

If you are convicted, Michigan law requires the court to order full restitution to anyone who lost money or property. That can include a bank, a business, or an individual. Restitution is in addition to fines and costs, and if you are placed on probation, paying it becomes a condition of probation.

The court cannot jail you for failing to pay restitution unless it finds that you had the money to pay and did not make a good-faith effort. If payments are a hardship, you can ask the court to change the schedule.

Keep records of any amounts you have already repaid, since they may affect what is owed.

Options That May Keep a Conviction Off Your Record

Depending on your age and history, the court may consider one of these options:

HYTA (the Holmes Youthful Trainee Act, MCL 762.11): if you were 18 through 25 years old when the offense happened, the court may place you on youthful trainee status after a guilty plea, without entering a conviction. If you were 21 or older, the prosecutor must also agree. If you complete the terms, the case is dismissed, it is not a conviction, and the record is closed to public inspection.
Delayed sentence (MCL 771.1): the court may delay sentencing for up to one year to give you a chance to show that you qualify for probation or other leniency. What happens at the end of the delay depends on the court and on any agreement in your case.

Whether any option is available depends on the prosecutor, the judge, and your record. Your lawyer can tell you whether it makes sense to ask.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your charging papers, your bond paperwork, your court notices, bank statements, any messages about the document or where it came from, and records of any repayment. Write your own notes about how you received the document and what you knew at the time, and share them only with your lawyer.

What not to do:

Do not talk about your case on social media.
Do not discuss the details with anyone except your lawyer. Conversations with friends, family, or the police are not confidential.
Do not contact the bank, business, or person involved to explain or offer repayment without talking with your lawyer first.
Do not destroy or alter any records.
Do not miss court. A missed date can lead to a bench warrant.

Uttering and publishing cases often depend on what you knew and intended. Keep every record, avoid explaining yourself to anyone but your lawyer, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing an uttering and publishing charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.