Results 1 to 8 of 8
  1. #1

    Default What is the Punishment for Multiple Misdemeanors

    A defendant in Michigan is charged with both shoplifting and domestic violence, from two separate incidents. What will the punishment be? Will the judge go harder on the defendant, or sentence him to jail?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What is the Punishment for Multiple Misdemeanors

    This is a discussion you need to have with your criminal defense lawyer.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What is the Punishment for Multiple Misdemeanors

    You'd have to explain what the state is and what the misdemeanors are. States have varying sentencing guidelines. Some charges in some states have mandatory sentences.

  4. #4
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: What is the Punishment for Multiple Misdemeanors

    Michigan, shoplifting, DV. It may be best for you to try to work out a global plea to both open charges. An attorney can help you with this. In exchange for a plea to the more serious offense, most prosecutors would drop the lesser offense. If you have no prior record jail is unlikely, although DV can have an unpleasant amount of education as a requirement as a condition of probation.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What is the Punishment for Multiple Misdemeanors

    You can only work out a 'global plea' if both charges are with the same prosecutor's office. Generally, you would want a first offense deferral on the DV charge.

  6. #6

    Default Re: What is the Punishment for Multiple Misdemeanors

    If both charges are at the misdemeanor level, DV is the more serious class A misdemeanor in MI. Generally they don't offer the diversion if you have any prior convictions whatsoever, but who knows in a case where two charges pop up at the same time. Though, same rules apply with the drug diversion program, and I was able to get the MI 7411 diversion when I also had a concomitant misdemeanor malicious telephone use conviction, and no prior record. They ended up sentencing me to 23 days time-served in jail for the misdemeanor and 3 years probation for the 7411. Definitely talk to a defense lawyer, but may be a good idea for the defendant in this case to camp out in jail instead of bonding out, to see if they'll just give him time served in exchange for pleading guilty to the lesser offense.

    If they sentence the deferral for the domestic violence, typically looking at 2 years of supervised probation, 52 weeks of DV courses, and a restraining order. Upon successful completion of probation, they'll dismiss the charge, and seal the case from public record. If defendant wants to take the DV to trial and loses, I've heard an average jail sentence of 90 days, and I've seen up to 1 year for aggravating circumstances, for first offenses.

    A word of warning, the DV courses are the worst part of the punishment, and in hindsight for the sake of my own dignity I'd rather take the guilty plea. The courses are really biased and one sided, and operate on the patriarchal assumption that the man is always the aggressor no matter what. As a condition of the program, the defendant is forced to admit responsibility for the DV, which may not be the truth at all because he only took the diversion to avoid conviction or expensive trial, but he still had to enter a guilty plea. Anyways, a lot of men, many of them victims of DV themselves, walk away from this program angrier than they were when then entered, and it costs a lot of money. And, there are certain types of abusers this program will never fix (eg. narcissists and psychopaths). I did my own intensive research on DV after the course, and I learned actual truth.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What is the Punishment for Multiple Misdemeanors

    Don't post nonsense. Michigan does not have alphabetized categories of misdemeanors.

    You are mentally ill, which likely resulted in both the extension of your sentence and made it more difficult for you to comply with probation. Other defendants who are not mentally ill may have less difficulty.

  8. #8

    Default Re: What is the Punishment for Multiple Misdemeanors

    Alright KIA. I got confused with how they categorize the felonies, which is by alphabet.

    I'm not mentally ill, I was sentenced to court -ordered treatment from the stress of the circumstances, but I was never diagnosed with any illnesses. I haven't had any problems complying with probation, as I am on the lowest level of probation and I have never been violated. If what you say about extension of sentence is true based on speculated illness, then that seems an injustice. So what would the 'average' defendant expect to receive in terms of probation for a felony 7411?

    1. Sponsored Links
       

Similar Threads

  1. Trespass: Multiple Owners Dispute on Multiple Dwelling Unit
    By Elisa2027 in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 07-11-2014, 09:56 AM
  2. Extradition: What are the Odds of Extradition for Multiple Misdemeanors
    By Cameronmarshall760 in forum Criminal Procedure
    Replies: 7
    Last Post: 05-06-2014, 04:48 PM
  3. Expungement and Sealing: Expunging Multiple Misdemeanors in Texas
    By artx in forum Criminal Records
    Replies: 4
    Last Post: 02-18-2014, 11:11 PM
  4. Drunk and Impaired Driving: Minor Charged With Multiple Misdemeanors Including Drug Possession
    By NotAnExpertOnLaw in forum Drunk and Impaired Driving Charges
    Replies: 3
    Last Post: 06-28-2011, 02:51 PM
  5. Sentencing: Gross Misdemeanors versus Misdemeanors
    By kaseywalberg19 in forum Criminal Procedure
    Replies: 1
    Last Post: 02-03-2006, 10:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources