Legal Question in Criminal Law in Michigan

while serving time for a class B supervisor release violation (which was violated for allegedly committing crimes). while still being investigated for those alleged crimes can the person gain another sentence of convicted of the alleged crime while serving time

Asked on 3/03/10, 5:21 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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Yes. You can be convicted of both the new crime and have the new crime be a probation violation for a previosu conviction ... and serve separate sentences. In fact, if the person was on prison parole when the new crime occurred, then by law the sentence for the new crime conviction must be served consecutuve to (after) the original crime's prison term is completed.

It is possible for the probation/parole violation conviction to occur before the new crime's formal conviction date, too, because a probation/parole violation only needs proof by a "preponderence of the evidence", while the new criminal charge has to be proven "beyond a reasonable doubt". Depending on the nature of the new crime, a judge might allow the PV hearing to be handled before the formal criminal conviction occurs.

Answered on 3/09/10, 5:21 am

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