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  1. #1
    Join Date
    Sep 2008
    Posts
    5

    Default Probation Extension

    My question involves criminal law for the state of: Michigan

    My husband is on probation for 2 years. He only has 9 months left. His probation officer told him today that his probation period was in error, that law mandates a minimum of 5 years for his offense, not 2. He's contacting the department that handled the case to see about an extension of 3 years.

    He accepted a plea deal based on the 2 years probation period. Can his probation be extended without his approval (since it was the reason for the plea)? If they extend it, can we withdraw the plea agreement and take his case back to court to fight? Can we get a public defender to represent us if this has to go back to court?

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Probation Extension

    If the plea deal stated a 2 year probation, then it's two years. The PO might not know of the deal and is just airing his concern. I honestly don't think you have anything to worry about.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Probation Extension

    It's the court's sentence that matters. If the sentence is not consistent with the plea deal, it may be necessary to revisit the sentence.

    What was the conviction charge? The statute number, MCL ____.

  4. #4
    Join Date
    Sep 2008
    Posts
    5

    Default Re: Probation Extension

    Use of computer to commit a crime/another person 750.145d2c and yes, he's on the sex offender's list. The probation office is using 771.2a as the mandate that says 5 years.

  5. #5
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Probation Extension

    Do you have a copy of the disposition? What does it say the probation term to be?

  6. #6
    Join Date
    Sep 2008
    Posts
    5

    Default Re: Probation Extension

    By disposition, do you mean order of Probation? We have an Order of Probation and it says 2 years. If a sentence is less than the mandatory amount, can they go back and resentence? Also, in the 15 months he's been on probation, he's on his 5th probation officer (due to departmental changes). The other 4 officers haven't said anything before. Either they don't know the law, or this last guy is wrong (I hope).

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Probation Extension

    Okay... So the conviction is under MCL 750.145d. The statute specifying a minimum period of probation for "listed offenses" is MCL 771.2a. The statute specifying listed offenses is MCL 28.722. I see a provision (MCL 28.722(e)(i)) that makes violations of "section 145a, 145b, or 145c of the Michigan penal code" subject to a five year minimum period of probation. I am somehow not seeing any portion of either MCL 771.2a or MCL 28.722 that imposes a similar requirement for a violation of MCL 750.145d. What did I overlook?

  8. #8
    Join Date
    Sep 2008
    Posts
    5

    Default Re: Probation Extension

    His conviction isn't a specified offense. It falls under: 28.722(e)(xi) Any other violation of a law of this state or a local ordinance of a municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age.

    He talked dirty to someone pretending to be a teenager. Therefore it was "sexual" in nature.

  9. #9
    Join Date
    Sep 2008
    Posts
    5

    Default Re: Probation Extension

    If the court doesn't honor the plea agreement due to the mandatory sentence guideline, can we still get a court appointed lawyer to fight this?

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Probation Extension

    You can retain a lawyer to assist you. You can try to get a court-appointed lawyer, but I can't promise how the court would respond to your petition.

    Your lawyer can advise you as to the pros and cons of trying to set aside the original plea deal on the basis of a violation of that deal.

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