Wednesday, January 2, 2013

Why people go to jail

  Very few people charged with a crime actually go to jail. This is particulary true with first time offenders and repeat offenders who repeatedly committ minor crimes. However, any criminal conviction in Michigan (with some rare exceptions) can result in jailtime so it should never be assumed that you won't go to jail. It is ultimately up to the judge. Not the prosecutor and certainly not the police, no matter what they say.

  Some of the factors that can deterime if jail is given, and if so, how long include:
  • prior criminal convictions
  • repeatedly getting caught doing the same thing
  • drug offenses sometimes result in more jail time
  • any risk of violence to the community
  • attitude through the course of proceedings
  • arguing with the judge
  • lying to the judge
  • evidence of a productive life outside of court (think a job, volunteer work, strong family to go home to, active in church, getting drug or alcohol counseling etc.)
  • In felony cases, sentencing is determined by the Michigan Sentencing Guidelines, a fairly complex piece of legislation that gives "points" for things like if the crime involved drugs, weapons, and violence. It is also heavily punishes a defendant for past felony convictions.
  While not an exhaustive list, this covers the major factors. For more information, feel fee to contact me at www.maesenlawfirm.com

Ryan Maesen

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