My question involves criminal law for the state of: Michigan
Original disposition: Guilty of neg. Homicide, loss of driving privileges, restitution, fines/costs, comm. service, 2 yrs. probation.
I understand that the maximum sentence is 2 years incarceration and $2,000 fine. ( or any combination "in lieu of" incarceration not to exceed 2 years. )
How long is the maximum term of probation the state can impose on you? And, does the term Statutory Maximum really mean what the word says: maximum, or does it really mean something different like: unless the maximum term is violated, in which case a new term may be imposed that would surpass the existing term, thus creating a new maximum?
After a violation occurred in this case, the probation term was then extended for 2 years (total time on probation for this offense is now reaching 5 years). All of the information i can find on this state and what the law is here basically all say: "In general the statutory maximum is 2 years for misdemeanors, and 5 years for felonies." Now if the limitation on the length of the probation term say that it cannot go beyond 2 years ( it is also a possibility that in my case the High Court Misdemeanor changes it to a 5 year max ), How did it just get extended beyond 2010 and into 2011?
Also while scouring the net and the MCL database for information (Section 750.324 will be repealed), I found that the actual definition of the original sentenced charge is changing somehow due to a new act set to become effective on October of 2010. Does this have any effect on the Order of probation? (if you could explain this change on how it pertains to this case it would be appreciated)
Sorry it is such a long question, but its not easy to explain.... if you have any advice in how to get an early termination date from this new term, please share. (Although not completing restitution in full is inevitable, even if an early termination were to occur, all other stipulations to the probation have been completed.)