Posts Tagged ‘ felony ’

What is a PSI (pre-sentence investigation)?

A PSI is a pre-sentence investigation report that is prepared by your probation officer prior to sentencing.  The probation department will set up a meeting with you and a specified probation officer whereby you will sit down with them and discuss your case.  It is imperative that you are prepared and on time to answer the questions that the probation officer will be asking you so that you can obtain a positive PSI report.

The PSI is a crucial document in your criminal case because the probation officer outlines recommendations regarding your sentencing to the Judge.

You will need to sit down with an attorney and go over your PSI report prior to sentencing to ensure its accuracy and to decide what arguments to make to the appropriate Judge at sentencing.

I can go over the various questions and issues that will be raised by your probation officer prior to your meeting. Don’t hesitate to send me an email if you have any questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/01
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Criminal
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Why am I charged with a felony that is called R/O, or resisting and obstructing a police officer?

In Livingston County it is common to get charged with the crime of Resisting/Obstructing a police officer.  The statute is as follows:

 750.81d Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms

The charge is a 2 year felony and it pertains to people not listening or obeying officer’s commands, which normally include running away, hitting, or failing to listen to the commands of an officer.

There is also a case, People v Ventura, which makes it unlawful to resist an unwarranted or wrongful arrest if the officers are acting in good faith and on duty.  This case allows the officer a great deal of leeway and authority when arresting individuals.

The charge of R/O is broad and it is common to get charged with this statute when drinking or intoxicated.

I regularly handle these kind of charges and would be more than happy to answer any questions you have related to this topic. Please don’t hesitate to contact me at Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Marcus D. Wilcox

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
10/21
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Criminal
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I was just charged with a felony and I am wondering how the process works?

The following is a brief synopsis of the major steps that are normally taken when charged with a felony:

Arraignment:  This is where the judge or magistrate informs you of the charges and sets a bond and bond conditions for the case.

Preliminary Examination Conference – Your attorney will meet with the prosecutor’s office to review the case and discovery issues.  There can be preliminary settlement discussions and we decide on whether to hold a preliminary examination.

Preliminary Examination– At this point in the process, the prosecutor must bring in witnesses to show there is enough evidence to charge you with the case.  The standard is low and the prosecutor must show by Probable Cause that you in fact committed the offense that you are charged with.

Pre-trial– This is a hearing in Circuit Court where settlement negotiations take place and issues regarding motions and hearings will be discussed.  This is the last step before major trial preparations commence.  If there is a plea agreement reached then you will enter a plea at that time.

Final Settlement Conference– This is where your attorney normally meets with the Judge and the prosecutor in an attempt to resolve the case and set schedules and issues regarding the upcoming trial.

Trial- If the case goes to trial, the prosecutor must show beyond a reasonable doubt that you committed the crimes that you are charged with.

Please don’t hesitate to contact me if you have any questions: Marcus@MDWilcoxLaw.com .

Marcus D. Wilcox

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
10/14
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What is the difference between a felony and a misdemeanor?

What is the difference between a felony and a misdemeanor?

A misdemeanor carries a maximum sentence of one year in jail and a  felony has a maximum sentence of one year or more and may include prison time.   The obvious reason to avoid a felony is that it will make it more difficult to find a job as you are required to identify a felony that is on your record when applying for a job.  Voting and hunting sanctions can also apply.

So in summary, as a general rule, jail is where you go for a term of less than one year.  Prison, or the Michigan Department of Corrections (MDOC), is where you go when the Judge sentences you to a term of incarceration of more than one year.

Please don’t hesitate to contact me if you have any questions: Marcus@MDWilcoxLaw.com

Marcus D. Wilcox

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.felony, misdemeanor

2011
09/27
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What does it mean when a judge sentences someone for a range of time, such as 5-10 years?

This type of sentence is applied to felony charges by the judge at the time of sentencing.

As a general rule, prisoners will serve the minimum sentence, which would be 5 years in the example where a judge assigns 5-10 years, unless it is a sex or violent crime. A person found guilty of a violent or sex crime can usually expect to serve more than the minimum sentence.

However regardless of the crime, the person will go in front of the parole board each year after the minimum sentence is served until they are released or the maximum statutory sentence is served.

Please don’t hesitate to contact me if you have any questions: Marcus@MDWilcoxLaw.com

Marcus D. Wilcox

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
09/20
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Criminal
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