Legal Question in Criminal Law in Michigan

Plea reversal

Is it possible to get a plea reversal due to being on 4 different medications at the time of a persons hearing? The judge was never made aware that he was heavily medicated at the time he agreed to the plea. Also how does one go about an early release due to good behavior, no violations or tickets while in prison. This person has served 11 years now and his earliest release date is 2011. He has no past criminal record and is a model inmate. From what I was told the judge had requested information to be given to him within 30 days of the appeal and his attorney failed to provide that information, he was a day late. Could this also have any bearing on an overturn of a conviction.

Thanks for your help, Lisa


Asked on 3/28/06, 6:53 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Plea reversal

Regarding the issue of the defendant being under the influence of drugs at his plea, he should consult with a criminal defense attorney after ordering a transcript of the plea. Many times, the judge will ask the person if he/she is under the influence of alcohol, drugs, inhalants, etc., which would refute his claim today that he WAS under the influence.

Regarding the issue of a reduced sentence: if he was convicted of a felony and sent to prison, Michigan's "Truth in Sentencing" laws require the person to serve the full minimum time before release. No early release for good behavior. About the only exception I know about is if the person is eligible for, and completes, the boot camp program in prison ("S.A.I."). again, a criminal defense attorney would be a good person to talk to re: this person's eligibility.

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Answered on 3/29/06, 8:20 am


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