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Weights and Measures
A federal weights and measures violation in Michigan could bring with it the possibility of a prison sentence, a substantial fine, several years of probation, and a lifelong criminal record. If you find yourself facing such charges, you may benefit significantly from consulting a Michigan federal weights and measures lawyer. A seasoned attorney could identify different legal courses of action and explain how each might influence your case.Weights And Measures Standards Violations
Any business that is engaged in the sale of goods by weight or measure must comply with all the applicable standards that apply to their particular business sector. In many cases, this includes both federal standards and state standards. Federal standards are generally developed by the National Institute of Standards & Technology and are followed by most states.
Most cases involving allegations that the defendant violated weights and measures standards are prosecuted in state court. If such charges are brought in federal court, it generally means that the alleged violations involved activities that crossed over state lines, involved federal assets, or occurred on federal property. In such a scenario, a Michigan federal weights and measures lawyer may be an important ally to retain.How Cases Work in Michigan
In Michigan, federal weights and measures cases are prosecuted in the U.S. District Court for the Eastern District of Michigan or the U.S. District Court for the Western District of Michigan. The specific court that hears a particular case will depend on the location of the alleged crime, the residence of the alleged perpetrator, and/or the location of the alleged victim.
Although other charges are possible, the most common charge related to weights and measures violations is that of fraud. In order to prove that an alleged perpetrator committed fraud, the prosecution must prove the following elements of that crime:
- The defendant made a misrepresentation of fact or omitted a material fact from another party
- The defendant was aware of the misrepresentation or omission
- The defendant intended to deceive the other party by making a misrepresentation or omission
- The other party reasonably relied on the misrepresentation or omission by the defendant
- The other part suffered a loss as a result of the defendant's misrepresentation or the omission
The defenses that can be raised in a weights and measures fraud case in Michigan may depend on the specific allegations that were made. However, the following defenses are among the most common in this type of case:
- Lack Of Intent
- Mistake or Misunderstanding
- Insufficient Evidence
Intent is one of the central elements of the crime of fraud, as the prosecution must typically prove that the defendant's alleged misrepresentation or omission was deliberate and willful. If the defendant's alleged misrepresentation or omission occurred because of a mistake or misunderstanding, then the crime of fraud may not have been committed.
If the other party was aware of the alleged misrepresentation or omission and still agreed to proceed with the transaction, then the crime of fraud has not occurred. In the same vein, if the alleged perpetrator is able to prove that they were coerced or induced into committing the alleged misrepresentation or omission by a governmental agent, they could raise the defense of entrapment. For help with dealing with a case, get in touch with a Michigan federal weights and measures lawyer today.Speak with a Michigan Federal Weights and Measures Attorney Today
Anyone who is charged with a federal weights and measures offense in Michigan may want to consult with a Michigan federal weights and measures lawyer. Learning about how different legal strategies may influence your case could be significantly advantageous. Contact a qualified attorney who is familiar with the legal issues surrounding federal weights and measures today to get started on your case.