PDA

View Full Version : Can It Help?


tamdebell62
Mar 21, 2016, 06:44 PM
Im thinking on writing the judge who sentenced my boyfriend to 18months to 5yrs, under the truth in sentencing law in Michigan state. The other two codefendants got county jail time and one got 2yrs but gets out after only 90 days cause he went to camp and it was 2 yr minimum for him, so why shouldn't he get out early? Any help??

ScottGem
Mar 21, 2016, 06:57 PM
There must have been some reason he was given a heavier sentence.

tamdebell62
Mar 21, 2016, 06:59 PM
What can happen if he didn't get to see his PSR Report until he was in Michigan state prison for a month, first time he seen it, didn't it have to be signed or anything? And another is he pled guilty to a plea bargain but got nowhere near what was offered that isn't fair is it?? Help!!

tamdebell62
Mar 21, 2016, 07:03 PM
How can you get told from your court appointed lawyer through the whole case that he would most likely receive probation or if anythibng probably a 12 month to 24 month sentence on work release but when sentencing came his PO Officer wanted him to do 3 yrs minimum but was still sentenced to 18months to 5 years? How can they just change it and since wer in Michigan and he's in a Michigan correctional facility he under that truth of sentencing law where he must have to do at least the 18months where do we go from here

ma0641
Mar 21, 2016, 08:02 PM
You have basically asked the same question 3X. Please do not ovepost. We are all vo!unteers here . Someone will get to you.

Fr_Chuck
Mar 21, 2016, 10:03 PM
First the prosecuting attorney (in the USA) is the one to arrange a plea deal. He needed to have it in writing, but please note, the judge is not obligated to follow it, a judge if he(or she) believes a plea deal is not for the best interest of justice, can not follow it. This does not happen often but can.

Also a plea deal, does not effect probation, or the probation hearing, that is separate of any court dealings for new charges.

A PO is not there to help you. No idea where that idea came from. There job is to watch and report any violation. At the point of the violation, they request a revoke of probation, and a judge decides what happens. A PO only recommends.

A PSR if that is a pre-sentencing report report, no often, the defendant does not really see it, it is for the judge to see, unless your attorney asks for a copy though the court.

If there was a written plea agreement, and it was not explained in court, Then there is grounds for an appeal of the sentencing of the judge

Alty
Mar 21, 2016, 10:11 PM
How can you get told from your court appointed lawyer through the whole case that he would most likely receive probation

The lawyer has no say in what the judge decides. He can guess what will happen, but he can't say for sure. It all depends on the judge. In this case the judge didn't do what they lawyer thought was most likely to happen.

That's just how it is.

Fr_Chuck
Mar 21, 2016, 10:11 PM
You are, or it seems, confusing two events.

1. he plead guilty to a new charge.
2. he had his probation violated.

For example, if he stole a bike. While on a 5 year probation.
He could get sentenced by the judge at the trial for stealing a bike, for 12 months in jail. But his probation violation, from a different judge, could be up to the 5 years of probation time.

A person who pleads guilty, while on probation, has to worry about two sentencing, one from the trial judge, the other from probation violation.

Also an attorney can only estimate what a judge will sentence, unless there is a written plea deal in place.

Fr_Chuck
Mar 21, 2016, 10:20 PM
No, you can not even write the judge about this, if you do, the letter merely gets thrown out, since you do not have any standing in the case.

Co-defendants often get more or less time, due to plea deals, and their role in the crime. Also did the others have prior crimes, were the others on probation before

ScottGem
Mar 22, 2016, 05:13 AM
Your threads have been merged since they all pertain to the same issue. Were you a party to all these talks are are you going just on what your boyfriend has told you?

As Chuck said a PO's job is to make sure the convicted offender follow the terms of probation. While some POs do try to help probationers assimilate back into society, that is not their main purpose.

J_9
Mar 22, 2016, 07:11 AM
I agree with all that has been said. I just want to add that you writing a letter will not help.