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(2) A person who knowingly possesses a fraudulent or altered financial transaction device is guilty of a felony. (1) A person who steals knowingly takes, or knowingly removes a financial transaction device from the person or possession of a deviceholder, or who knowingly retains, knowingly possesses, knowingly secretes, or knowingly uses a financial transaction device without the consent of the deviceholder, is guilty of a felony. The charge of Possession of a Financial Transaction Device is detailed in the Michigan compiled laws, MCL 750.157n(1). DO NOT WAIVE THE PRELIMINARY EXAMINATION WITHOUT MAKING AN INFORMED DECISION. Nonetheless, I almost always challenge cases at the preliminary examination because it is the best opportunity that the defense is presented for challenging the evidence and developing the facts that will support defenses in the circuit court. If there is virtually any evidence supporting the prosecutor's case, it is extremely likely that the matter will be bound over in the district court.
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The probable cause conference must be scheduled within 7 to 14 days of the arraignment with the preliminary examination scheduled within 5 to 7 days after the probable cause conference.įollowing the preliminary examination, further proceedings are held in the Wayne County Circuit Court at the Frank Murphy Hall of Justice in downtown Detroit. Bond will also be addressed at the arraignment. At the arraignment, your case will be scheduled for a probable cause conference and a preliminary examination. If you are arrested and charged with Possession of a Financial Transaction Device, your first court appearance will be an arraignment in the 16th District Court in Livonia, Michigan. Possession of a Financial Transaction Device (Credit Card) without Consent is a class H felony that carries up to 4 years in prison (48 months). I can provide you with nearly 20 years of experience and a willingness to fight and take cases to trial. If you are charged with Possession of a Financial Transaction Device in Livonia, Michigan, you need the help of an experienced Livonia criminal defense attorney.