Consecutive Sentencing Part One - Overview

Consecutive Sentencing Part I - Overview

There is some confusion out there regarding the difference between consecutive sentencing and concurrent sentencing. This issue comes up most frequently arises when a person: 

•  pleads guilty or is convicted of multiple felonies
•  commits a felony while on probation or parole
•  commits a new crime while on bond or while incarcerated

Consecutive sentencing is when a person must complete one prison or jail sentence before beginning to serve time on the next one. For example, if someone is serving a 3 year sentence for and then gets a convicted of something else, the sentence on the new crime would not begin until the 3 years is up. This obviously can add a lot of time to one’s time in prison. That is why most defendants prefer concurrent sentences.

Concurrent sentences allow a person to serve multiple sentences at the same time, getting credit for all of them at once. Fortunately, this is the norm in Michigan. However, there are certain instances when consecutive sentencing does occur.

The first is when the legislature makes it mandatory as part of a statute and the second is when the judge has discretion to sentence a defendant consecutively. Not surprisingly, the legislature has been steadily adding provisions whereby consecutive sentencing is becoming more common.

The next part of this blog will discuss mandatory consecutive sentencing. That blog will be followed by one discussing discretionary consecutive sentencing.

Patience can pay off

  We have all heard that patience can pay off but many of my prospective clients don't practice it. I had a call recently (which was a referral from another attorney) that left me a voice mail at around 9 AM while I was in court. By the time I called the guy back at 11, he had already hired somebody else because he was so anxious to get an attorney on retainer right away. I apologized for having services that are in demand so that I am not always able to sit around waiting for the phone to ring, and I wished him the best of luck. Talk about impatience. And the kicker was that this guy wasn't even charged with a crime yet.

Ryan Maesen
www.maesenlawplc.com

Attitudes

   This will be a short blog but it makes a point I have been mulling over for some time. I am not a big believer in "your attitude is everything" or "positive thinking" or any of those type of new age/self-help slogans. However, I do believe that attitude can be important in certain areas of life.
   One important area is the attitude we as parents have towards the world at large and the various groups and institutions in it. I recently had a client whose was facing some serious drug charges along with 5 co-defendants. All of his co-defendants had been watched by the police for some time and were known meth manufacturers, users, and dealers. By all appearances my client was in the wrong place at the wrong time. All of his co-defendants stated that they barely knew him and that he was not part of the regular group. However, some of them later were willing to testify against him in exchange for leniency. Because his involvement was fairly minimal, the prosecutor offered him a pretty plea deal which he took, rather than risk a lengthy prison sentence.
   As is sometimes the case, my client was on probation in another county for stabbing a guy in the stomach and got a longer prison sentence for that than what he received for the drug charges. My client, who is in his early twenties, had a pretty long juvenile record prior to picking up the adult felonies. That is not so unusual.
   What got me thinking about attitude is the kid's father. I know he loves his son and is worried about him but I suspect that this man's attitude towards everything is part of why his son can't stay out of trouble.
    From the first time I met him, he kept acting like everyone was out to get his son. Everything had a rationalization about how the police were out to get him and how every crime he had committed had some justification. For example, the stabbing that had landed him on probation was justified because the other guy was much bigger. I had to hold me tongue when I really wanted to tell him that he would have done his son a much greater service had he forced him to take responsibility for his actions and his life when he had first starting getting in trouble. Blaming everyone and everything else around him was not going to keep his son from someday serving a lengthy prison sentence. Responsibility would. If this kid's dad had that attitude, then why would the kid every straighten out? He could just do whatever his impulses told him to do and then point the finger at something or some one else?
    It is important that we make sure our children know right from wrong and to take responsibility for their actions. Life is not fair but feeling sorry for yourself won't accomplish anything.

Ryan Maesen
www.westsidelawoffices.com

Voluntary Dismissals

  Lately, a large percentage of prospective criminal clients have been calling in and asking if we can get their case dismissed. They seem dismayed when I tell them the truth which is: "maybe, but don't count on it."

  I am not sure why many defendants are suddenly thinking that the prosecutor's office will just walk away from a case. Perhaps they feel that the prosecutor will "see the light" and just give up. While that does occasionally happen, it is fairly rare. And when it does happen, it usually happens right before the trial begins, as in the day before or the day of.

  Even if the facts are weak, many prosecutors will hold out and see if the defendant pleads guilty to something. Many people cave into the pressure and just want to get it over with. The best bet if you are innocent is prepare a vigorous defense and send the message that you are not going down without a fight. Then, and only then, they may decide to save themselves the trouble and their office the money and voluntarily dismiss the case. But again, don't count on it.

Ryan Maesen
Grand Rapids Criminal Attorney
www.maesenlawfirm.com
www.westmichigancriminaldefense.com

New Location

  I can't believe that I have not updated this yet, but our new office location is 1632 Leonard St. NW
Grand Rapids, MI 49504. The move actually took place in July. We are the only tenants presently on the second floor. The phone number and website have stayed the same. A street sign should be up in the near future.

The Snake Oil People Sell

  This will be short. I am getting tired of all the people calling me on a daily basis trying to get my hard earned money to list me on their website or somehow get my website to come up on page one of Google. They must think I am stupid or something. I know the legal market is insanely competitive, but I am not a fool. Please stop bothering me. Most of what you are selling is a complete waste of my money and time.

www.maesenlawfirm.com

It can wise to fight

  The majority of people charged with a crime end up taking a plea deal. That means that the prosecutor offers them an opportunity to plea down to a lesser charge or a lesser penalty if they plea guilty and avoid a trial. This can make a lot of sense for some people.

  If you are a first time offender and can get a deferred sentence or a diversionary program where you have no permanent record, this can be an enticing offer. If you are not a first time offender but are facing your first felony charge, an opportunity to plea down to a misdemeanor can be a good thing; particularly if you are concerned about getting a job as a convicted felon. Sometimes just staying out of jail is enough to make this worthwhile. Even an innocent person will sometimes take a plea deal to avoid the risk of a lengthy prison sentence if he were to lose at trial.

  On the other hand, there are times where people should think long and hard about the consequences of just "pleading out." For example, if the state's case isn't very strong, you may very well get a jury to return a not guilty verdict. It can and does happen. Also, occasionally the prosecutor will make a better offer nearer a trial or may even dismiss the case outright. Having the stomach to hang in there is difficult but can be worth it.

  Also, because Michigan tends to punish repeat offenders more severely, avoiding any kind of a record can be to one's long-term advantage. No one thinks that she will get in trouble again, but if she does, having a clean slate the second time around can be a large bargaining chip. Michigan has a number or crimes that become an automatic felony the third time through. Domestic violence, retail fraud, and drunk driving are three common ones.

  Those long ago guilty pleas can come back to bite you later on. Think long and hard about the merits of the state's case before accepting any plea offer.

Ryan Maesen
www.maesenlawfirm.com