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  1. #1
    Join Date
    Apr 2005
    Location
    michigan
    Posts
    2

    Default Going to Trial

    Hi,

    I am so stressed and need some information. If anyone has any answers please help.

    I am charged with retail fraud in the second degree. I am not guilty and I know the charge is coming because of a past record from over 14 years ago. The charge should be retail fraud in the 3rd degree based on the amount they are claiming, but because of my old charge they bumped it to the second degree. I know I would have never been charged, but the officer only did this because I have a past.

    My lawyer says my case is trialable and I decided to take it to trial. I know if I am found guilty I could face a year. But if I plea bargain (Third Degree)I could face 93 days. I then have to admit guilt in the 3rd degree and I am not guilty.

    I am very nervous about all this. I am trusting my lawyer, but I need to know, if I am found guilty who determines the sentencing and how do they based this on? The amount I am being accused of is less than $100.00. Will they use my past to base the sentence? If the Jury decides the sentence how do they know what to base it on? When going through a jury and if found guilty do they just give you the max? Is there a guide line they go by on what the average sentence is from what others have received? Is there a website or anywhere I can see what others have been sentence to so I can compare it to my case and get some ideas?

    What do you honestly think may happen? I am afraid that that if my past is brought up in front of the jurors, this may stir them to a guilty verdict. Can my past be brought up since it was so long ago? I am a changed person and I am not guilty. This is all a BIG MISTAKE! I have a falily, great job, A1 Credit, and would not fall back into my old ways and lose all to spend time in jail.

    Thank you
    Stressed to the MAX!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Going to Trial

    Quote Quoting stressed
    If the Jury decides the sentence how do they know what to base it on? When going through a jury and if found guilty do they just give you the max?
    Typically you would be sent to the probation department to meet with a probation officer, who would perform a pre-sentence investigation, and issue a report back to the court recommending a particular sentence or disposition. Although sometimes a judge will simply issue a sentence for a district court misdemeanor.

    Quote Quoting stressed
    Is there a guide line they go by on what the average sentence is from what others have received? Is there a website or anywhere I can see what others have been sentence to so I can compare it to my case and get some ideas?
    Michigan does have sentencing guidelines, but it is my recollection that they only apply to First Degree Retail Fraud. (It might be possible to build a proportionality defense on the basis of the guidelines, if they are silent on 2nd Degree Retail Fraud - if the guidelines suggest a sentence of probation for 1st Degree, your lawyer can attempt to argue that a sentence of incarceration for a lesser offense would be disproportionate.)

    Quote Quoting stressed
    I am afraid that that if my past is brought up in front of the jurors, this may stir them to a guilty verdict. Can my past be brought up since it was so long ago?
    Probably not, as the offense occurred more than ten years ago. If the prosecutor intends to try to use the past conviction, under the Michigan Rules of Evidence the prosecutor should provide your lawyer with notice.

  3. #3
    Join Date
    Apr 2005
    Location
    michigan
    Posts
    2

    Default

    Hi Aaron thank you for your answer, perhaps you can help me again.

    I was to go to court this coming week for jury selection. I still never even got a ple bargain yet because my lawyer is trying to get the case dismissed. The prosecuter keeps looking for more evidence to so she has more of a chance get a guilty verdict or if this should be dismissed. Right now it is looking as if there is not enough evidence. In the mean time they had to go ahead with the jury selection date and now it was "adjourned". This has been a very long process for me and I just don't know how much more of the unknowing I can take.

    How long can the jury selection be adjourned for before another date must be scheduled?

    Is there at time limit on how long the prosecuter can take before she decides to offer a ple bargain or dismisal?

    Does on the average women prosecuters tend to be tougher than men?

  4. #4
    Join Date
    Apr 2005
    Location
    pennsylvania
    Posts
    24

    Default Pre-Trial

    My husbands' Pre-Trial hearing is scheduled for the 20th. What happens at a Pre-Trial hearing? What can we expect? How long after that before the Jury Selection? After that, how long till the actual Trial? Our anniversary is in Nov. and I'm really hoping nothing happens till after that...... really until after Christmas. Could that happen? Also, is there a way to find out info on our lawyer......you know, like how many cases has he actually won and what kind of cases they were? Is there a web site to find that info out? Any answers to these questions will be greatly appreciated. Thanks

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