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Can you be sentenced to a max jail sentence of 93 days for a guilty plea on a misdemeanor and be given probation and a fine?

Grand Rapids, MI |

Person pled guilty via plea... however PD did not work a sentence into the deal. Person is thinking of retracting plea because PD is saying that he will get max time in county jail plus 2 yr probation and fines.

Thank you for the answers. However, this PD is adamant that he will still serve 93 days (without any time suspended) and when he is done be given 2 yrs probation. I asked him how is this possible and he said that judges in MI do it all the time because they do want they want to. I then asked if the person violates the probation then what would happen and he said the judge would sentence him to jail and I said well if he already served his max time how can be resentenced to jail time. PD got very defensive and said he would not talk to me about the case anymore told me to fire him if I didn't like what he was telling me. Very frustrated and confused about how this sentence could be legal. Furthermore this PD is not doing a very good job for the defendant.

Attorney Answers 5

  1. What a crap of bull!!! The court loses its jurisdiction as soon as the maximum amount of jail is served.

  2. Probation after you are maxed out would serve no purpose, because there would be no mechanism available to enforce a violation of probation.

    A plea can only be withdrawn under certain circumstances. That option may or may not be available to your friend. It will be harder to withdraw the plea after sentencing, so your friend better move fast.

    Maybe your friend should retain a lawyer, instead of relying on the public defender he or she elected to go with?

  3. Once a person gets the maximum jail, there can be no probation, since there would be no jail days left to impose if there were a violation of probation. So, some courts will give most of the jail, or almost all, but not all, so they can put a person on probation and still have jail days available if there is a violation of probation.

    The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.

  4. I agree with the attorney's here, What is the point of giving the max, and then probation. No way to enforce probation.

  5. Doubtful that court would do that. Once person serves max sentence the court no longer has leverage over the person to compel them to follow probation.

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