Recently, a woman in Wales Township, St. Clair County, Michigan, fell victim to a clever scam. According to a local report, a suspect called her, claiming to be a court official, and informed her that her grandson was arrested and needed $8,500 in cash for a bail bond. The victim gathered the money and waited for the scammer to pick it up later that day. The next day, he called again, asking for an additional $12,000. This time, the victim and her daughter were suspicious and notified the authorities. When the scammer returned to the house to collect the additional money, troopers were waiting and apprehended him.
Fraud charges and penalties
Defendants involved in scams like this can face several fraud charges in Michigan. The primary charge is often fraud by false pretenses, which involves obtaining money or property through deceit. This charge is either a misdemeanor or a felony, depending on the amount of money involved.
- Misdemeanor: The charge is a misdemeanor if the value of the money or property obtained is less than $1,000. Penalties can include up to one year in jail and fines up to $2,000 or three times the value of the fraud, whichever is greater.
- Felony: If the value is between $1,000 and $20,000, as in this case, the charge is a felony, punishable by up to five years in prison and fines up to $10,000 or three times the value of the fraud. For amounts over $20,000, the penalties increase to up to 15 years in prison and fines up to $15,000 or three times the value of the fraud.
Other potential charges include attempted fraud and resisting or obstructing an officer, which can add to the severity of the penalties.
The trial process
According to circuit court records, the suspect waived his circuit court arraignment and pleaded guilty to fraud by false pretense, attempted fraud by false pretense and resisting or obstructing an officer. The defendant in this case faces five years in jail.
If the suspect hadn’t pled guilty, he would have gone through an arraignment, where he is formally charged and enters a plea. The discovery phase follows this, which is where both the defense and prosecution exchange evidence. Pre-trial motions may be filed to dismiss charges or exclude specific evidence.
Mounting a defense is crucial
During the trial, the prosecution would prove beyond a reasonable doubt that the defendant committed the fraud with intent to deceive. It is crucial to have a skilled criminal defense attorney. An effective criminal defense attorney will challenge the prosecution’s evidence, argue against the intent to defraud, and explore legal defenses such as lack of intent or mistaken identity.
Defense strategies may also include negotiating plea deals to reduce charges or penalties. In this case, the details of the plea deal are to be revealed. The goal is to ensure that the penalties reflect the true nature of the alleged crime and to protect the defendant’s rights throughout the legal process.
Facing fraud charges in Michigan is a serious matter that requires a thorough understanding of the legal process and potential penalties. With the right legal representation, defendants can navigate the complexities of their case and work towards a fair outcome.