Legal Question in Criminal Law in Michigan

who wins

if a person is sentenced in district court on a second offense embezzlement charge to 5 years probation with living restrictions,90 days in jail, community service and restitution, then is sentenced in circuit court on the probation violation of the same offense to 1 to 10 years in prison and probation is revoked, do they still have to meet the terms of the district court sentence?


Asked on 6/28/00, 4:13 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: who wins

I'm confused. Were there 2 separate cases (one in district court and one in circuit court)?

I don't understand how a district court could enter a probation order (having sentenced you), but then a probation violation on that order was handled in a different, higher court. Could it be that you committed a new felony offense that brought you in front of a circuit court judge? That new crime would violate your district court probation, but you would be sanctioned for a PV by the judge whose order you violated (district court).

If there were 2 cases, then they act independently of each other. You have to satisfy both cases' requirements (even if they may be, in part, identical ... or even if they may conflict with each other). Many times, the 2nd court will short-hand things by incorporating your 1st case's probation terms by reference (i.e., require you to complete all terms of the 1st case probation order).

If a court "revokes" probation, then you are no longer on probation, and do not have to work toward completing any of its terms. Most times, a judge will revoke probation because (1) he's fed up with your repeated failures on probation, and (2) just puts you behind bars for a sufficient period of time to punish you for both the original unfulfilled sentence + your acts that violated the probation.

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Answered on 9/21/00, 2:14 pm


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