Legal Question in Criminal Law in Michigan

Re: Negligent Homicide and Felonious Driving

You ask many good questions; they are most insightful. But much depends upon in what county, and before what judge your fiancee is appearing.

Jail is a possibility, but not a foregone conclusion.

I would also like to know who the attorney is that is representing her...

Feel free to call me.

-Tom

Re: Negligent Homicide and Felonious Driving

You asked good questions, and your concerns are those I'd expect from her husband-to-be.

I agree with the first response, but am compelled to add my two cents.

First, besides knowing who the judge and defense attorney are, you need to factor in who the prosecutor is, too. On prior traffic death cases, has that office pushed for higher sentences, etc? The prosecutor will dictate whether any plea bargains will be offered, not the judge or even OJ's Dream Team.

Second, both charges require the sentencing judge to consider state-wide felony sentencing guidelines. These look at both the person's prior court history, plus many factors about the current case. The outcome of the calculations (which may be battled over at sentencing as much as the facts in the trial) generally determine the range within which the judge must order her minimum amout of incarceration (which may be "0 months"). Your fiance's attorney *should* have already looked at both the worst-case calculations, and other calculations if the charges are changed/reduced, certain factors are re-scored (thus lowering the guidelines calculations), etc.

You can look at the statutory language for the charges at www.michiglegislature.org. (Look for the link to the Michigan Compiled Laws, or "MCL").

Felonious Driving (MCL 752.191) is a Felony carrying up to 2 years &/or $1,000 fine; etc.

Negligent Homicide (MCL 750.324) is a so-called High Court Misdemeanor (not a "Felony"), carrying up to 2 years &/or $1,000.

Confused? You're not the only one. Drive carelessly and kill someone (Neg Hom) and it's a misdemeanor ... drive carelessly and inflict crippling injuries and it's a felony. Go figure! No one ever said that Legislators made sense all the time.