Legal Question in Criminal Law in Michigan
In Michigan, what steps can immediately be taken to prevent a judge from sentencing a defendant who the judge admitted on record was not charged with malicious destruction of personal property, but found defendant guilty anyway. Then asserted on the record that she (judge) has to amend the information to comport with the proofs. No amended was done. A presentence report has been prepared on the illegal conviction, and sentencing on the illegal conviction is for the 26th of September. What must be done? This occurred during a bench trial.
1 Answer from Attorneys
This is a complicated issue that cannot be addressed completely via this forum. The defendant should consult with his counsel first and if he is not satisfied he should seek new counsel. You may contact me to discuss further if you need more Information.
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