Legal Question in Criminal Law in Michigan

court sentencing

I was recently sentenced and have questions about that. Is it too late to change it? It seems excessive and I was wondering if that was correct?

I have no prior convictions. This was my first offense. I was originally charged with NSF check 500 or more, but the prosecuter said if I didn't go to trial, and pled guilty the would reduce it to over 100 under 500 (misdemenor not felony).

I was sentenced to restitution $860, fines $250, court fees $250, and 15 days jail, with 120 hours community service instead of jail. And 6 months probabtion.

I had a $1000 bond that I applied toward it, so restitution was paid in full.

Why did I get so many hours of community service? On top of the fees? And it was my first offense? I had no record, not even a traffic ticket.

I probably should have gotten a lawyer, but the prosecuter said I would be tried for the felony if it went to trial, and I just wanted it over, in the smallest/easiest way possible.

Did I do something wrong? Was the judge right to ''throw the book'' at me like that?


Asked on 8/19/07, 10:00 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: court sentencing

All of the terms of your sentence are within the judge's powers for NSF Over $100. The restitution amount is mandatory (constitution and crime victim rights laws require "full restitution" to be ordered). Fines are only 25% of the maximum allowed. Jail is short compared to othe 1 year max allowed by the law. The community service works out to just 5 hours/week. None of it seems excessive to me. But you may want to consult with a criminal appellate attorney who practices this specialty in your area.

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Answered on 8/20/07, 8:43 am

Re: court sentencing

You apparently already realize how ridiculous you were to try to practice law. You didn't need to ask the question. Keep that in mind next time you feel inclined to go into a courtroom without a lawyer.

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Answered on 8/19/07, 10:40 pm


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