If you are convicted of any crime, whether a misdemeanor or a felony, then sentencing is the most important part of your case. Your sentencing hearing will determine whether or not you are going to jail or prison, whether you will be placed on probation or subject to parole, what terms and conditions will be applied to any term of probation, whether you will have a delayed sentence, or whether your conviction will be deferred or sheltered in any way with a condition of dismissal upon successful completion of a probationary period.
You need a Michigan Attorney who is well versed in all of the Michigan Sentencing Guidelines and well versed in all issues dealing with sentencing. Call Michigan Sentencing Attorney Eric J. Sheppard today at 517-618-1580. Do not put your freedom and liberty in jeopardy. Call our office today for a free consultation.
In sentencing an individual convicted of a crime, the sentencing court must look at the following factors in order to fashion an appropriate, individualized sentence:
Courts may consider all of the following in making this determination:
While a court may consider the fact that an individual pled guilty to a lesser offense in exchange for dismissal of a greater offense in fashioning an appropriate individualized sentence, a sentencing judge may not conclude that the individual is guilty of the greater offense when there is no evidence in the record to support such a conclusion.
People v. Duprey, 186 Mich. App. 313 (1990). People v. Tyler, 188 Mich. App. 83 (1991).
If an individual has been charged and acquitted of other crimes, a sentencing court may consider that information in fashioning an appropriate, individualized sentencing, so long as the information from the offenses that the individual has been charged and acquitted of is reliable and accurate and has been established by a preponderance of the evidence.
People v. Ewing, 435 Mich. 443 (199); People v. Granderson, 212 Mich. App. 673 (1995).
A sentencing court may consider a juvenile delinquency record, even a juvenile delinquency record that has been expunged, in fashioning an appropriate, individualized sentence.
People v. Smith, 437 Mich. 293 (1991); People v. Martinez, 193 Mich. App. 377 (1992).
A sentencing court may also consider a conviction from a foreign country.
People v. Galvan, 226 Mich. App. 135 (1997).
A sentencing court may also consider the impact of the case on any crime victim and crime victim’s family.
People v. Jones, 179 Mich. App. 339 (1989).
At sentencing, a court may NOT consider the following information:
1. An individual's refusal to admit guilt: People v. Yennoir, 399 Mich. 892 (1977); People v. Bradford, 432 Mich. 904 (1989); People v. Wesley, 428 Mich. 708 (1987).
2. An individual exercising his or her constitutional right to trial by judge or jury. A sentencing court may not consider the fact that an individual pled guilty to an offense at the last minute before trial. People v. Courts, 401 Mich. 57 (1977); People v. Bogedain, 185 Mich. App. 349 (1990). People v. Earegood, 383 Mich. 82 (1970).
3. An individual's advanced age and effect on rehabilitative status. People v. McKernan, 185 Mich. App. 780 (1990).
4. A local sentencing policy: sentences must be individualized by law. People v. Chapa, 407 Mich. 309 (1970).
5. An individual's constitutional right to remain silent at trial. People v. Anderson, 391 Mich. 419 (1974).
6. Protected classifications such as race, religion and national origin may not be used to determine an individual's sentence. People v. Gjidoda, 140 Mich. App. 294 (1985).
7. Polygraph results from a witness or an individual's refusal to take a polygraph. People v. Allen, 49 Mich. App. 148 (1973).
8. Any prior convictions without the benefit of legal counsel. People v. Moore 391 Mich. 426 (1974).
9. Potential for early release and disciplinary credits that an individual may or may not receive. People v Humble, 146 Mich App 198; 379 NW2d 422 (1985). People v Stack, 156 Mich App 564; 402 NW2d 7 (1986).
Cite: District Court Sentencing By Hon. Laura R. Mack and Hon. Jeffrey C. Middleton
The Law Office of Eric J. Sheppard
2109 Hamilton Road, Suite 206
Okemos MI 48864
[email protected]
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321
You need a Michigan Attorney who is well versed in all of the Michigan Sentencing Guidelines and well versed in all issues dealing with sentencing. Call Michigan Sentencing Attorney Eric J. Sheppard today at 517-618-1580. Do not put your freedom and liberty in jeopardy. Call our office today for a free consultation.
In sentencing an individual convicted of a crime, the sentencing court must look at the following factors in order to fashion an appropriate, individualized sentence:
- the reformation of the offender,
- protection of society,
- the disciplining of the wrongdoer, and
- the deterrence of others from committing like offenses.
Courts may consider all of the following in making this determination:
- The severity and nature of the crime;
- Circumstances surrounding the criminal behavior;
- Defendant’s attitude toward his or her criminal behavior;
- Defendant’s social and personal history;
- Subsequent offenses.
While a court may consider the fact that an individual pled guilty to a lesser offense in exchange for dismissal of a greater offense in fashioning an appropriate individualized sentence, a sentencing judge may not conclude that the individual is guilty of the greater offense when there is no evidence in the record to support such a conclusion.
People v. Duprey, 186 Mich. App. 313 (1990). People v. Tyler, 188 Mich. App. 83 (1991).
If an individual has been charged and acquitted of other crimes, a sentencing court may consider that information in fashioning an appropriate, individualized sentencing, so long as the information from the offenses that the individual has been charged and acquitted of is reliable and accurate and has been established by a preponderance of the evidence.
People v. Ewing, 435 Mich. 443 (199); People v. Granderson, 212 Mich. App. 673 (1995).
A sentencing court may consider a juvenile delinquency record, even a juvenile delinquency record that has been expunged, in fashioning an appropriate, individualized sentence.
People v. Smith, 437 Mich. 293 (1991); People v. Martinez, 193 Mich. App. 377 (1992).
A sentencing court may also consider a conviction from a foreign country.
People v. Galvan, 226 Mich. App. 135 (1997).
A sentencing court may also consider the impact of the case on any crime victim and crime victim’s family.
People v. Jones, 179 Mich. App. 339 (1989).
At sentencing, a court may NOT consider the following information:
1. An individual's refusal to admit guilt: People v. Yennoir, 399 Mich. 892 (1977); People v. Bradford, 432 Mich. 904 (1989); People v. Wesley, 428 Mich. 708 (1987).
2. An individual exercising his or her constitutional right to trial by judge or jury. A sentencing court may not consider the fact that an individual pled guilty to an offense at the last minute before trial. People v. Courts, 401 Mich. 57 (1977); People v. Bogedain, 185 Mich. App. 349 (1990). People v. Earegood, 383 Mich. 82 (1970).
3. An individual's advanced age and effect on rehabilitative status. People v. McKernan, 185 Mich. App. 780 (1990).
4. A local sentencing policy: sentences must be individualized by law. People v. Chapa, 407 Mich. 309 (1970).
5. An individual's constitutional right to remain silent at trial. People v. Anderson, 391 Mich. 419 (1974).
6. Protected classifications such as race, religion and national origin may not be used to determine an individual's sentence. People v. Gjidoda, 140 Mich. App. 294 (1985).
7. Polygraph results from a witness or an individual's refusal to take a polygraph. People v. Allen, 49 Mich. App. 148 (1973).
8. Any prior convictions without the benefit of legal counsel. People v. Moore 391 Mich. 426 (1974).
9. Potential for early release and disciplinary credits that an individual may or may not receive. People v Humble, 146 Mich App 198; 379 NW2d 422 (1985). People v Stack, 156 Mich App 564; 402 NW2d 7 (1986).
Cite: District Court Sentencing By Hon. Laura R. Mack and Hon. Jeffrey C. Middleton
The Law Office of Eric J. Sheppard
2109 Hamilton Road, Suite 206
Okemos MI 48864
[email protected]
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321