Legal Question in Criminal Law in Michigan

sentencing

If a person has a prior criminal record can and is going to jail for another offense with the points they go by for sentencing can he be sentenced to more then what the max is for the crime.


Asked on 2/20/02, 12:55 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: sentencing

If the person is convicted of a misdemeanor offense, then his maximum incarceration is the "stautory max" for that crime. (For example, 93 days for A&B.)

But, if the person is convicted of a felony and has prior felony convictions, the prosecutor can file "supplemental notices" along with the Information (the felony charging document in circuit court) that raises that felony's "max" incarceration limit. One prior conviction raises the max by 50% (so, a 4 year felony becomes a 6 year max) ... and two prior felony convictions doubles the max. These "supps" could be dismissed by the prosecutor as part of a plea bargain.

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Answered on 2/20/02, 1:15 pm


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