Legal Question in Criminal Law in Michigan
Prior Knowledge
No mandatory sentence involved (total discretion of the judge). Prosecution already knew sentence before sentence was handed down. Is this normal?
Asked on 1/29/05, 4:22 pm
1 Answer from Attorneys
Jeffrey Buehner
Jeffrey Buehner, PLLC
Re: Prior Knowledge
Yes, it's normal. The prosecutor has access to the presentence investigation report. In most jurisdictions, so would the defense attorney. The judge doesn't have to follow the recommendation contained in the presentence investigation report, but the prosecutor assigned to that court would know, based upon his experience in front of the judge, if the judge was likely to follow it.
Answered on 1/29/05, 5:56 pm
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