Legal Question in Criminal Law in Michigan

I have plead no contest in michigan to 2 counts of uttering and publishing and 1 count embezzlement (750.249 and 750.174A4A). It was a plea bargain (not a very good one in my opinion) to dismiss charges of uttering and publishing in 2 other counties and a few other charges of U&P in this county but i will still be required to pay restitution for everything. I have a lawyer (not a court appointed one) but he is basically useless and has done much of nothing to help me. The embezzlement charge could have been fought because I was my grandmother's power of attorney but her daughter stole all of my personal papers showing proof along with all of my personal property after she gained power of attorney and kicked me out of my grandmother's home. My attorney was aware of this information and I reminded him on multiple occasions, but he did nothing. At this point there's nothing I can do about it and I am just trying to get the least amount of jail time as possible any way that I can. I am going in for sentencing on July 30th and I am scared to death. The judge seems to hate me and has already said that I was on a crime spree but it wasn't like that at all. Because I have plead no contest due to possible civil suits (my attorneys advice) I am not even going to get to tell my side of the story and the judge will have only a horrible impression of me. I have no prior felonies, but I have 2 misdemeanors from 10+ years ago. One for NSF checking account less then $500 and the other for OUIL. I did 10 days in jail on weekends for the NSF charge and 2 years probation for the OUIL. I have had no issues with the law since then and I have had a full time job for the last 8 years until i was arrested and lost my job. I am a devoted mother and have never even thought of doing anything illegal since my OUIL. I don't drink or use drugs EVER. And i honestly didn't know i was committing a felony. I want to know if under sentencing guidelines in MI will my 2 misdemeanors be considered? And what would an estimate of the lowest possible jail time under the sentencing guidelines be? I am freaking out because I just plead guilty to THREE felonies at once and have no idea how that will affect me at sentencing. What can I do to help myself get the least amount of time possible? I will do 5 years probation if I have to and pay any and all fines, I just don't want to leave my son with no parents and ruin his childhood even more. I have my PSI this week and am beyond terrified.


Asked on 6/19/12, 3:33 pm

1 Answer from Attorneys
Daniel Hajji Daniel Hajji & Associates

You should consult with your criminal defense attorney and go over the PSI Report with him/her. Pursuant to the recent change in the court rules, the Court must prepare and provide you or your criminal defense attorney, a copy of the PSI Report 2 days prior to the date of sentencing. This is a very important document to review prior to your sentencing. After you and your attorney review the PSIR, your attorney can challenge the scoring, to determine if it is erroneously scored. There are basically 2 catagories of scoring: (1) Prior Record variables and (2) Offense Variables. The latter being more challengable. Also, some convictions should not be counted which your attorney should know. See the guidelines here:

http://courts.michigan.gov/mji/resources/sentencing-guidelines/sg.htm

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Answered on 6/19/12, 10:01 pm


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