Legal Question in Criminal Law in Michigan

appealing sentence

my friend plead guilty under the holmes youth trainee act two years ago. Recently he was sentenced to boot camp and his hyta was revoked because of a probation violation (getting fired from his job and missing a day of counseling) he found a new job a week later and was a student at ITT and now cant return there because he has a felony on his record. Can he appeal and get his sentence changed?


Asked on 11/29/07, 11:40 pm

2 Answers from Attorneys

Re: appealing sentence

If your friend wants to appeal, he has a VERY short perior of time to do so. He should contact a criminal appellate attorney today. If he passes the very short time period to appeal, his chances of succeeding get worse if not impossible.

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Answered on 11/30/07, 7:49 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: appealing sentence

Appeal the judge revoking his HYTA status, which resulted in the conviction "going on his record"? He stands a very small chance of winning that appeal because the issue boils down to whether the judge "abused his discretion" in revoking the HYTA status. Since part of the HYTA contract was "keep your job" and "go to counseling", a judge could take a zero tolerance stance. But it is also possible that these were just the latest violations, and he had others earlier.

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Answered on 11/30/07, 8:24 am


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