Legal Question in Criminal Law in Michigan
re-sentencing
can a person be sentenced twice for the same crime. can a probation violation send person back to be resentenced for original crime?
1 Answer from Attorneys
Re: re-sentencing
The short answer is "yes".
If your sentence included a term of probation, and you violated the probation, then the court could re-sentence you.
Michigan Court Rule 6.445(G) says:
"If the court finds that the probationer has violated a condition of probation, or if the probationer pleads guilty to a violation, the court may continue probation, modify the conditions of probation, extend the probation period, or revoke probation and impose a sentence of incarceration. The court may not sentence the probationer to prison without having considered a current presentence report and having complied with the provisions set forth in MCR 6.425(B), (D)(2), and (D)(3)."
On the other hand, if you were sentenced to simply fines/costs (no jail and no probation) OR to a straight jail/prison sentence? Then, no, you should not be re-sentenced.
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