Legal Question in Criminal Law in Michigan

What is the likely punishment for a first time offender who is being charged with second-degree home invasion and possession of marijuana in Michigan?


Asked on 3/20/11, 4:35 pm

3 Answers from Attorneys

Daniel Hajji Daniel Hajji & Associates

It depends on many factors. Visit us at www.hajjilaw.com for more information.

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Answered on 3/20/11, 4:49 pm
Jules Fiani Law Offices of Jules N. Fiani

You need to exercise your right to a lawyer and with these situations, having the right attorney represent you is everything. At the Law Offices of Jules N. Fiani, we fight fight our clients rights.

Call me today so we can discuss your situation and work on the best possible solution to your case,

Jules N. Fiani

810-227-7200

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Answered on 3/21/11, 7:11 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

You don't give enough details for anyone to answer. For example:

* How old is the defendant? -- If the defendant is under 21, the case might be handled through the Holmes Youthful Trainee Act where the person is put on probation and the court has the power to dismiss the case at the end of a successful probation period.

* Does "first offender" mean NO prior adult or juvenile convictions/adjudications of any kind?

* What county and what judge are handling the case? -- The office prosecuting it may have plea bargaining or sentencing bargaining tendencies. And the judge assigned to the case is the ultimate wild card because the judge's sentencing tendencies will affect an answer to your question the most.

* What is the value of the items stolen? -- This affects one variable of the felony sentencing guidelines.

* How many people were victims of the home invasion (put at risk of loss of property)? -- This affects one variable of the felony sentencing guidelines.

* Etc., etc., etc.

This is why a person in the situation you describe needs to sit down with a(t least one) criminal defense attorney to review all the case facts, all of the defendant's criminal record, etc. You get what you pay for when you post a question like this on a web site.

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Answered on 3/22/11, 11:47 am


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