Legal Question in Criminal Law in Michigan

Let Out Of Jail ACCIDENTALLY

My brother was let out of jail after having three charges dropped against him and told they were all dropped. Next thing he knows, he's back in MI with a very angry judge that they themselves should have NOT let him out even though two of the three charges had been droped. When the officer came to his cell that day and said fill these papers out, ALL charges have been dropped and you are free to go he could only assume he was being told the truth. afterwards, when he missed his original trial date, the rorsecutor along with those who were in charge of allowing my brother to be released had to explain the let him go and told him charges had been dropped along with his hearing date. Needless to say much happened in beween then and now and recently he was expidited back to MI and the judge said to him that truly he only deserved 19 months, he was so angry about the situation that he gave my brother 4 to 25 years! This was for sleeping in a run down building of which he did break into that night as he was homeless and cold, he copped to that. The other two charges that were dropped had to do with the 2 doors he knocked in to get into the bldg. Is this legal? Just because the judge was angry and had egg on his face? Pls HELP!


Asked on 12/28/08, 12:55 pm

2 Answers from Attorneys
Kelly Papa Law Office of Kelly Papa

Re: Let Out Of Jail ACCIDENTALLY

Sentences can be revoked because of vindictiveness with the judge. One would need the transcripts to prove the case up. Additionally, sometimes the judge will cool down with time. You should check with an attorney in Michigan, about asking for a sentence reduction. Sometimes, judges have second thoughts, too.

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Answered on 12/28/08, 10:41 pm
Joseph Vredevelt Best Vredevelt & Associates

Re: Let Out Of Jail ACCIDENTALLY

Well it seems like the judge had it out for him because of their mistake, so things can be done with a some work being done. I would need to read the court transcripts and the underlying plea agreement. I am licensed to practice in both Michigan and Florida. You can call my office any time and set up a free consultation. All My Best, Joseph P. Vredevelt

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Answered on 12/29/08, 11:26 am


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