Not_In_Good_Sha
New Member
Alright, I'm gonna break this one down for you. This one involves both business and personal. Here's the story. I"m currently being prosecuted for a crime called False Pretenses in MI. It's over a $2500.00 credit account I had. Long story short, I made a payment and closed the account. A year later I find out that the payment was returned because I used my credit card to pay off the loan and the cash advance check didn't clear because it was over my available cash advance limit. So, I'm currently fighting this and it's been hell because I do have a criminal record from when I was young and stupid. It's now in circuit court.
So, here's the business side. At the same time, I shut down my company because an employee committing fraud against the company ruined us. It was not an officer or director of the company. The company is a C-Corporation in the State of MI. So, come to find out, this employee jacked up our corporate Discover card to $150,000.00 and our limit was $25,000.00 Now, I am not a personal guarantor on this credit card, nor did I know it was happening until after the fact. The company is shut down from operation but still a legitimate corporation in the state and up to date. This person jacked up the credit card because he had access to my card. I'm the president of the company and I left it laying around in the office so they could pay for items when needed that were legitimate. Come to find out the employee was making on line payments and then running up the card at stores. The card is in my name, but I am NOT a personal guarantor. So, when I found out what happened, I immediately called the card issuer. None the less, they aren't happy. They want their money. They don't want to hear anything else. Their specific words are give us $90K by tomorrow or we call the feds and charge you with fraud because you are responsible for the card. They also refuse to charge back any of the charges that aren't legitimate.
So, this is where I'm at. In two weeks, I'm scheduled to be in court, again for this stupid charge. I don't think they'll just dismiss it because I have a record. I've already offered to pay the $2,500.00 and they don't ever want it. I told my attorney that I won't pay unless it's dismissed. The problem is that even though I did not commit the crime, I have a record so they are charging me as a habitual offender.
I'm also worried about getting charged with the credit card stuff. That is not my fault, but since I have no credibilitly because of my past, I'm assuming they'll charge me anyways and let the judge figure it out. Currently, I'm living in a different state (SC) while on bond from MI. I got permission to go to SC from the district court judge because when I was arrested on the felony warrant for false pretense, I just bought a house in SC and was planning on moving. They however don't know I"m living here.
My problem is that I think I'm going to get railroaded by "The System" just because I have a pending felony trial, this credit card stuff has come up, and I have a record. I think I can fight this current felony false pretenses because I have proof of what happened. But, I also think that the prosecutor is "delaying" things to body slamn me for something else.
Here's my question: What if I just say to hell with them and never go back to MI? I posted a $2,500.00 cash bond in my own name (I had the cash on me when arrested.) My concern is that if I go back to MI, I"ll get locked up. I have a wife and two kids. I support our family and without me my wife is stuck by herself and hasn't had a job in 10 years and definetly can't afford our current bills. Will Michigan come get me from SC if I fail to appear in court? I'm currently at the "Pre Trial" stage in circuit court. They don't "know" I live in SC. I even have a SC drivers license and they never caught it. I can pay the $2,500.00 to the bank (just mail it or something) and then their won't be a "debt" per say but there is still that felony charge. Also, the credit card "fraud team" at the card issuer said they will also not only file a complaint with the local prosecutor, but also the feds for Wire Fraud. I don't know if this is just BS and a lame attempt to collect or what. They already filed one report with the local cops, but they didn't do anything because the local cops said it was a civil matter. Then, the credit card company called the county prosecutor, whom also is the same prosecutor handling the current case. The prosecutor asked for all the information to review.
Options? Opinions?
So, here's the business side. At the same time, I shut down my company because an employee committing fraud against the company ruined us. It was not an officer or director of the company. The company is a C-Corporation in the State of MI. So, come to find out, this employee jacked up our corporate Discover card to $150,000.00 and our limit was $25,000.00 Now, I am not a personal guarantor on this credit card, nor did I know it was happening until after the fact. The company is shut down from operation but still a legitimate corporation in the state and up to date. This person jacked up the credit card because he had access to my card. I'm the president of the company and I left it laying around in the office so they could pay for items when needed that were legitimate. Come to find out the employee was making on line payments and then running up the card at stores. The card is in my name, but I am NOT a personal guarantor. So, when I found out what happened, I immediately called the card issuer. None the less, they aren't happy. They want their money. They don't want to hear anything else. Their specific words are give us $90K by tomorrow or we call the feds and charge you with fraud because you are responsible for the card. They also refuse to charge back any of the charges that aren't legitimate.
So, this is where I'm at. In two weeks, I'm scheduled to be in court, again for this stupid charge. I don't think they'll just dismiss it because I have a record. I've already offered to pay the $2,500.00 and they don't ever want it. I told my attorney that I won't pay unless it's dismissed. The problem is that even though I did not commit the crime, I have a record so they are charging me as a habitual offender.
I'm also worried about getting charged with the credit card stuff. That is not my fault, but since I have no credibilitly because of my past, I'm assuming they'll charge me anyways and let the judge figure it out. Currently, I'm living in a different state (SC) while on bond from MI. I got permission to go to SC from the district court judge because when I was arrested on the felony warrant for false pretense, I just bought a house in SC and was planning on moving. They however don't know I"m living here.
My problem is that I think I'm going to get railroaded by "The System" just because I have a pending felony trial, this credit card stuff has come up, and I have a record. I think I can fight this current felony false pretenses because I have proof of what happened. But, I also think that the prosecutor is "delaying" things to body slamn me for something else.
Here's my question: What if I just say to hell with them and never go back to MI? I posted a $2,500.00 cash bond in my own name (I had the cash on me when arrested.) My concern is that if I go back to MI, I"ll get locked up. I have a wife and two kids. I support our family and without me my wife is stuck by herself and hasn't had a job in 10 years and definetly can't afford our current bills. Will Michigan come get me from SC if I fail to appear in court? I'm currently at the "Pre Trial" stage in circuit court. They don't "know" I live in SC. I even have a SC drivers license and they never caught it. I can pay the $2,500.00 to the bank (just mail it or something) and then their won't be a "debt" per say but there is still that felony charge. Also, the credit card "fraud team" at the card issuer said they will also not only file a complaint with the local prosecutor, but also the feds for Wire Fraud. I don't know if this is just BS and a lame attempt to collect or what. They already filed one report with the local cops, but they didn't do anything because the local cops said it was a civil matter. Then, the credit card company called the county prosecutor, whom also is the same prosecutor handling the current case. The prosecutor asked for all the information to review.
Options? Opinions?
