Legal Question in Criminal Law in Michigan

I was pulled over in michigan and the officer saw that I had a collectable knife set of two in my back seat, I was in the process of moving 2 hours away for college. one was 4 inches, the other was Bowie, 10.5 inches. The prosecutor says they will settle for attempt to carry a switchblade, which is a 6 month misdemeanor rather than the felony charge. Should I take the plea? What if the judge denies my plea? My attorney says he could win the case but I don't have enough money to pay for a trail. Plus juries are unpredictable. What could my punishment be for a 6 month misdemeanor? Will I do jail time? I have one prior misdemeanor from 4.5 years ago for assault and battery. I'm fine with the misdemeanor being on my record but I can't afford to go to jail while being in school and working.


Asked on 2/06/13, 6:17 am

1 Answer from Attorneys
Edward Sternisha Law Office of Edward J. Sternisha, PLLC

No attorney online can tell you whether or not the plea offer is the best choice for you. Your attorney has all of the facts of your case and is the best person to advise you. That being said, generally the judge will not interfere with the plea. The judge, however, is the one who will sentence you. If you are convicted of a 180 day misdemeanor, that means you could do up to 180 days in jail. That does not mean you will do 180 days, nor does it mean that you will do any time at all. It means that 180 days is the maximum jail time allowed for that crime.

Your prior conviction will come into play but other factors are also considered when the judge is determining your sentence. It is possible that you may not have any jail time but have fines/costs/probation/community service/etc.

As for going to trial, that decision it completely yours. You need to sit down and discuss all of your concerns with your attorney. He or she is the best one to answer those concerns. I hope things work out for you. Good Luck!

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Answered on 2/06/13, 6:45 am


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