ExpertLaw Forum - Help With Your Legal Questions
Financial Crimes and Fraud Offenses involving fraudulent financial transactions, embezzlement, forgery, insurance fraud, and misuse of checks and credit cards.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-11-2009, 03:55 AM
waynecountyinmate waynecountyinmate is offline
Junior Member
 
Join Date: Feb 2009
Posts: 1
Unhappy Statute of Limitations for Illegal Use of a Financial Transaction Device
My question involves criminal law for the state of: Michigan
I was charged with an illegal use of a financial transaction device charge, i was 18 at the time, and it was my first crime, so i didnt know too much about the legal system. I was put into the HYTA program and given 2 years of probation and TONS of fines. I didn't have a job at the time, and had a hard time finding one (just to get laid off 5 months later). Anyways, i didnt have money to pay and was scared to go to jail, so i absconded (big mistake). So far from the 2 times ive been caught after absconding, i have spent a total of 5 months in jail. What i was wondering... is can i get that 5 months credited to time served and maybe get the case closed? even though it wasnt 5 months of sentenced time? ive been on the run for 5 years now, and havent had another charge since then, do i qualify for statute of limitations? (im not even exactly sure what it is, was told by a friend of the family).
Thanks for your time, please help =(
Reply With Quote
  #2  
Old 02-12-2009, 09:19 PM
Mr. Knowitall Mr. Knowitall is offline
Senior Member
 
Join Date: Sep 2005
Location: California
Posts: 32,460
Default Re: Statute of Limitations for Illegal Use of a Financial Transaction Device
There's no statute of limitations on a probation violation.

If you're resentenced, the five months you've served on the offense should be credited against the maximum. So if the maximum penalty is four years in prison, the maximum sentence would be four years less five months previously served, or 43 months. (That's not likely to be the sentence, despite your ill-advised actions; I'm just explaining the math.) Note that if you did the time in other states (I'm assuming you were detained on the warrant and not ultimately extradited) you may have to document that to the court; sometimes records aren't communicated very well between states.

I suggest being prepared to pay off all outstanding assessments (fines, restitution, etc.) when you go to court.
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Stealing a Financial Transaction Device or Retaining it Without Consent Financial Crimes and Fraud 08-25-2008 07:43 PM
Stealing or Retaining a Financial Transaction Device Without Consent Financial Crimes and Fraud 12-16-2007 07:00 AM
Statute of Limitations for Financial Fraud Financial Crimes and Fraud 04-27-2007 10:17 AM
Fraudulent Use of a Financial Transaction Device in Michigan Financial Crimes and Fraud 04-02-2007 03:32 PM
Illegal Use of a financial transaction device Financial Crimes and Fraud 12-08-2005 09:34 AM



All times are GMT -7. The time now is 10:54 PM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved