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?


Asked on 1/29/08, 2:20 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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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Answered on 1/29/08, 2:29 pm


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