Legal Question in Criminal Law in Michigan

Adult felony guidelines

Does a juvenile record enhance the guidelines for an adult felony conviction?


Asked on 11/13/07, 8:53 pm

2 Answers from Attorneys

William Morrison Action Defense Center

Re: Adult felony guidelines

It can. It depends upon the extent of the record.

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Answered on 11/13/07, 10:07 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Adult felony guidelines

A juvenile record can factor into the felony sentencing guidelines.

Juvenile adjudications on felonies are either "high severity felonies" or "low severity felonies" depending on whether they fall into felony Classes A-D or E-H. (Each felony is designated by the Legislature with a felony "class".) Also, some misdemeanor juvenile adjudications can also factor into the guidelines scoring.

If the juvenile adjudications occurred more than 10 years before any adult conviction, the juvie record would not be factored into the guildeines scoring (due to the "10-year gap rule").

You can read the Felony Sentencing Guidelines at

http://courts.michigan.gov/mji/resources/sentencing-guidelines/sg.htm

You'd want to read the Instructions and Definitions chapters to get an overview, and then look up crimes as being high- or low-severity felonies on the two MCL lists (numerical or alphabetical).

If you have an attorney, you should sit down with him/her to go over everything that factors into the guidelines scoring so your attorney can make proper objections/corrections at the sentencing hearing.

Ultimately, the judge makes the call as to what the proper guidelines scoring is.

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Answered on 11/14/07, 8:24 am


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