Legal Question in Criminal Law in Michigan
I was the victim of a home invasion and assault and battery. The suspect is being charged with 1st degree home invasion 2nd habitual offender. The suspect is also my sons father. What can i do to ensure he is locked up to the fullest and can never have rights to my baby??
1 Answer from Attorneys
The "locked up" part of your question is proper for this section of LawGuru ... but the "never have rights to my baby" part needs to be reviewed and answered by attorneys handling Family Court or custody cases. You may want to re-post your question about the "rights to my baby" on another section ... but tell more details about what's going on that explain the 'family court dynamics' about why this father should never have rights to your child. (Custody cases ultimately come down to assessing the best interests of the child, which opens up a lot of areas of inquiry.) As for the "locked up" issue: As a crime victim, you have the rights under Michigan's constitution and Crime Victim's Rights Act to consult with the prosecutor on the case resolution (meaning, your thoughts on plea bargains must be heard by a prosecutor even tho the prosecutor has the final call), to attend all hearings the defendant has a right to attend, and especially to make an impact statement at sentencing (which can include your thoughts on what the sentence should be). the sentencing judge must listen to you and must consider what you suggest, but the judge still has the final say. "Locked up to the fullest extent" rarely happens. Even something as serious as Home Invasion 1st Degree w/ a Habitual 2nd Offender Notice (which raises the possible max from 20 to now 30 years) would only see him serving that max if he went to prison and was never paroled (usually due to very bad behavior in prison). I don't know enough about the case facts or this guy's background to even begin calculating the felony sentencing guidelines, which are supposed to guide the judge in setting the minimum time on the sentence. It's possible that the guidelines calculations recommend an initial term that's in county jail (up to 1 yr), or possibly prison. But the devil is in the detail (criminal history, case facts, etc.), which we don't know.
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