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  1. #1
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    Default No Contact Order Issued as Part of a Criminal Sentence

    My question involves criminal law for the state of: Michigan

    I was recently convicted of three contept of courts. One for not paying twelve year old fines and two bond violations. Refusing to drop and eventualy droping dirty. My wife recently was comvicted of a usage of cocane. The judge thinks that I am some how manipulating my wife into using drugs but with no modigating factors to support his claim other than my history of marijuana use. Ive never been convicted of any other drug crimes (or charged)At my sentencing the judge gave me a year probatiom 21 days In jail and a no contact order on me and my wife. Listed her as the victim of my contempt /bond violation. Ive never been charged with any violent crime let alone convicted of one. I feel like this judge is making huge mental leaps here out of jelousy or spite I dont know witch one but this cant be legal can it?

  2. #2
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    Default Re: No Contact Order Issued as Part of a Criminal Sentence

    If you don't believe your sentence was proper, speak with your criminal defense lawyer about bringing a motion for reconsideration or modification of your judgment, or file an appeal.

  3. #3
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    Default Re: No Contact Order Issued as Part of a Criminal Sentence

    Im trying to get at the heart of the issue.
    Is this legal?
    I dont believe asking the same judge to change the sentence is going to be verry frutfull unless I have somethimg over his head such as ..you broke mcl code etc. etc. and an appeal takes to long. My wife and kids need me in there life now not a year from now

  4. #4
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    Default Re: No Contact Order Issued as Part of a Criminal Sentence

    Your judge had broad discretion in limiting who you contact during probation, both to help you rehabilitate and to protect others from your conduct. If you want an evaluation of the judge's actions under the facts of your case, talk to your lawyer -- he knows the facts as determined by the court. Your lawyer can advise you about the propriety of the sentence.

  5. #5
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    Default Re: No Contact Order Issued as Part of a Criminal Sentence

    I have no lawyer. I was being held without bond so I plead guilty to the comtempts at araignment with a small glimmer of hope to get out and keep my job. Otherwise I would have sat there another 30 days or so before I would even have a chance to see a lawyer.
    I gather your saying I should hire a lawyer

    - - - Updated - - -

    I always was under the impresion that no contact orders needed some sort of mitigating cercomstances such as being co defendents or an asault case..somethimg that would make it reasonable to go against a legal contract such as mairage, not just a hunch

  6. #6

    Default Re: No Contact Order Issued as Part of a Criminal Sentence

    Quote Quoting TAalfs
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    I always was under the impresion that no contact orders needed some sort of mitigating cercomstances such as being co defendents or an asault case..somethimg that would make it reasonable to go against a legal contract such as mairage, not just a hunch
    Well, your impression was wrong. Both you and your wife, by your own admission, have drug issues. That means that the judge has the ability to keep you away from each other so that you are not influencing or reinforcing each other's drug habits. It really IS that simple. If the judge new the names of the people you were buying drugs from, the judge could specifically order you to stay away from them too.

  7. #7
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    Default Re: No Contact Order Issued as Part of a Criminal Sentence

    Actually that may not be true. In various states, they cannot make as an order of probation that you are not around your spouse IF your spouse was not a victim of your crime. Furthermore in other states (I have to research Michigan) the judge may not be able to order no contact as a part of sentence if ordering jail and/or prison. I will have to try to research it when I get some time.

  8. #8
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    Default Re: No Contact Order Issued as Part of a Criminal Sentence

    Quote Quoting Ohiogal
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    In various states, they cannot make as an order of probation that you are not around your spouse IF your spouse was not a victim of your crime....
    Or if your spouse has a criminal record, or if there's a reason to believe that your spouse will negatively affect your rehabilitation, or if there are facts suggesting possible danger to the spouse and the spouse has requested that there be no contact. Any such restriction would need to be balanced against the right of the defendant to continue his relationship with his spouse (if she's interested in doing so), and might have to be subject to giving the probation officer latitude to life the restriction or a requirement that the court revisit the restriction in the even that one spouse or the other contends that it no longer has a rational relationship with the defendant's rehabilitation.

    So yes, it is important to research state law and to consider them in relation to the detailed facts of the case, but unless the defendant moves for reconsideration of the sentence or successfully appeals he's either going to serve out his sentence without violating the court's order or be in the position of trying to challenge the order after being arrested for violating the terms of his probation.

  9. #9
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    Default Re: No Contact Order Issued as Part of a Criminal Sentence

    As I stated before there are no.vicims a nd our cases are compleetly unrelated and my spouce has explained to the judge that im.in no way a contributor to her drug use and she compleetly disagrees with this order.

    - - - Updated - - -

    Ive been researching michigan state law all night and evwrything I find is pretaining to violence

  10. #10
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    Default Re: No Contact Order Issued as Part of a Criminal Sentence

    You say that your wife was convicted of cocaine possession. That's a felony. Your judge can restrict you from associating with convicted felons. As you have already been told, in relation to your wife any such restriction must be consistent with your spouse's wishes (if she has requested no contact) or otherwise be have a rational relationship with your rehabilitation. See, e.g., People v. Miller, 182 Mich.App. 711, 452 N.W.2d 890 (1990). As you have already been told, if you object to the terms of your sentence you need to file a motion to have the sentencing court revisit your sentence, or you need to appeal.

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