Posts Tagged ‘ sentencing ’

What does it mean to go through quarantine?

As a general rule, if you are sentenced to a year or less you will remain in the local county jail.  If the judge sentences you to a year or more he can send you to prison.  When sentenced to prison the person will be sent to Jackson, MI where they will go through “quarantine.”

Quarantine is where the person is processed and classified based on several factors, including prior record, substance abuse issues, the length of the sentence and the crime convicted of.  Once the classification process is over, the Michigan Department of Corrections (MDOC) will send them to the appropriate prison somewhere in the state of Michigan.  The “quarantine” process normally takes approximately a month to complete before knowing exactly where the person will serve their time.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

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.

2012
06/13
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Criminal
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Why does it take so long to get charged? The incident happened months ago.

This is common practice in criminal proceedings and the following are the most frequent causes of delays:

1.  Labs:  If it is a drug or alcohol-related case the prosecutor will send either the blood sample or the alleged drugs to the state laboratory.  This process can take months to get back due to budget cuts with the state of Michigan during the last couple of years.  As a general rule, the prosecutor’s office will not file charges until the labs are back.

2.  Investigation:  In some situations, it may take a while for the officer in charge (OIC)  to write his police report and submit it to the prosecutor’s office.   The prosecutor must then decide whether or not to formally charge you with a specific crime.   A common misconception is that the police officer has the authority to charge someone, which  is not the case. It is the prosecutor who has the power to charge someone criminally.

3.  Co-defendants or multiple incidents: In situations or cases that involve co-defendants, the prosecutor will wait until all the information against all parties is complete. If one of the defendants is involved in a separate investigation that has pending charges, the prosecutor will wait to bring charges against this person until the other case has proceeded.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

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.

2012
02/20
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Criminal
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What is a PDI (Predisposition Interview)?

PDI stands for Pre-Disposition Interview. It is a common plea agreement in Livingston County whereby the Defendant pleads guilty as charged and then goes to probation for an interview.

The probation department then prepares a report based on the interview and gives recommendations for the Defendant’s sentencing.   A couple of weeks after the probation interview the Defendant is sentenced in front of a Judge.

The Judge will read the probation report and the attorneys will argue for their respective clients. The Judge will then sentence the Defendant at which time they have the opportunity to either accept or reject the sentence and can proceed to trial.

A PDI gives the Defendant a look at what the Judge was going to give for his sentence and the opportunity to withdraw his plea and proceed to trial.

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.

2012
01/19
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Criminal
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I am confused about my bond and what exactly I am required to do.

This is a frequent concern for people who have never been in trouble with the law. Livingston County is notorious for their strict bond conditions.

You will need to review the conditions of your bond to ensure you are in compliance, as the requirements will vary depending on the crime.

Normally you will have to either drug or alcohol test as a condition of your bond and make sure that you have ample proof that you are complying with those conditions.

There are two main places where you can sign up for your testing requirements which are Second Chance Support Network and Garry Flanary & Associates.

Our office will go over your bond forms with you to ensure compliance, assist in getting signed up for alcohol or drug testing, and guarantee you have the  appropriate documentation to provide to the Judge in Court.

Bond conditions are in effect until the date of sentencing.  This means that if you have testing that it will continue until you are sentenced or the Judge amends your bond conditions during a court proceeding.

Please don’t hesitate to contact me 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
12/07
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Criminal
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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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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
CATEGORY
Criminal
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