Legal Question in Criminal Law in Michigan

why post bail?

my 19 year old son was granted y.t.a. and sentenced to 155 days in jail with one day served. The prosecutor and parole officer recommended 154 days in jail, because the co-defendant couldn't afford the 10% of the bail the circuit judge ordered and therefore spent 154 days in jail before the sentencing was given. My sons lawyer said that in his 30 years of practicing law he has never heard of such a thing, but said the judge was certainly within her rights to do so. he also said that it was unethical.. is there anything i can do to petition the court to reevaluate his sentence.


Asked on 5/07/05, 7:05 am

1 Answer from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: why post bail?

A reason many people choose to pay a bail rather than remain in pretrial confirement is because they need to go to school or work, they believe that they will win their case at trial or believe that they would be sentenced to probation. Some have responsibility of caring for others.

Judges can and often ( more and more lately) include some jail time when sentencing under YTA. In the past a YTA sentence included deferred jail time, confinement only imposed if the terms of probation were not met. The main benefit of YTA is that individual will not have a public record of the conviction. In effect he/she will have a "clean" record as far as employers and school administrators are concerned.

In your son's case, he has the ability to request that the Judge resentence him. A problem with that is the Judge could sentence him to more time (probably unlikely but possible), withdraw YTA status or increase the time for probation or include more provisions or terms of probation. Your son could also request a time cut after he has served a percentage of his term. Your son should also be able to get a credit of 1 day for every 6 days spent incarcerated. Thus, your son should get either 25 or 26 days off of his sentence. Have him discuss his options with his attorney. Good luck.

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Answered on 5/09/05, 6:44 am


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